North Dakota v. EPA (2015)

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Multiple states filed amicus brief in support of EPA in litigation challenging New Source Performance Standards (NSPS) regulating carbon dioxide emissions from new and modified power plants.

Citation: North Dakota v. EPA, No. 15-1469 (D.C. Cir. 2015)

Topic: Climate Change Mitigation

Type of action: Amicus Brief, Defense of Federal Standard

States involved: California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington

Summary: 25 states, led by North Dakota and West Virginia, have filed challenges to EPA’s New Source Performance Standards (NSPS) rules for carbon dioxide emissions from new, modified, and reconstructed power plants under § 111(b) of the Clean Air Act. The petitioners claim that the carbon capture and sequestration/storage required by the Clean Power Plan is not yet commercially available nor fully technically feasible, and therefore that it is not “adequately demonstrated” or the “best system” under § 111(b)

A group of 18 states and 2 cities joined the litigation as amicus curiae in support of the EPA and the NSPS rule. Their brief complements EPA’s brief in explaining why the NSPS are lawful and necessary. Oral arguments at the D.C. Circuit are scheduled for April 2017.

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