Clean Power Plan Will Stay in Effect Pending the Outcome of Litigation
Friday, January 22, 2016
The D.C. Circuit denied industry petitioners’ motions to stay the effectiveness of the Clean Power Plan on Jan. 21. In a two-page order, the court found the petitioners had not satisfied the requirements for a stay pending review and issued an expedited case schedule.
The order asked parties to submit a format for briefing as well as a schedule by Jan. 27, 2016 that ensures that all briefing will be complete by April 22, 2016. Parties will debate whether the cost of implementing the rule is too great and whether EPA has exceeded the bounds of its authority, among numerous other issues. Oral arguments are scheduled to begin June 2, 2016 and continue to June 3 if necessary. This schedule could allow for a court decision before initial state plans are due in September 2016.
This decision means that states and power plants subject to this rule must take immediate steps towards complying with the Clean Power Plan in order for initial state plans to be submitted to EPA as required in early September 2016. The controversy is expected quickly to move from the federal level to the state level.
The Clean Power Plan is the Obama Administration’s landmark rule that will require states to implement measures to reduce carbon dioxide (CO2) emissions from the power sector. Carbon dioxide emissions can be reduced through the implementation of a number of measures, including deployment of solar, wind, nuclear and similar non-CO2 emitting technologies, and by changing consumer use of energy through energy efficiency programs. The Clean Power Plan is being challenged by more than half of the states as well as numerous power entities, and is likewise supported by a large number of states and other entities.
Jane E. Montgomery concentrates her practice in a variety of matters at the local, state and federal levels. Ms. Montgomery regularly: Counsels many companies with day-to-day compliance issues, including air permitting, NSPS, MACT, and solid and hazardous waste issues. In her work, she often encounters difficult elemental mercury, manufactured gas plant, and PCB issues, and she recently has focused on Reform New Source Review (NSR) compliance for utilities. Counsels clients with respect to climate change issues. Such work has included work on carbon sequestration issues, greenhouse gas...
Amy Antoniolli concentrates her practice on environmental matters, advising clients on compliance with relevant laws and regulations and representing them in permit appeals, requests for relief from regulations and in rulemakings.
Amy’s prior experience as Assistant Attorney for the Illinois Pollution Control Board and as Assistant Counsel to the Illinois House of Representatives informs her work at Schiff Hardin and regularly benefits her clients.
Having advised the Board Members of the Illinois Pollution Control Board on environmental statutory and regulatory interpretation, she is better able to advise her clients on compliance with the law in the multitude of environmental matters that come under the Board’s jurisdiction and control. Because Amy served as an Illinois Pollution Control Board Hearing Officer, she is better able to ensure her clients’ perspectives are heard— and favorably acted upon.
When her clients’ site-specific situation clearly falls outside the rules, Amy’s experience with the Illinois legislature, where she drafted legislation and advised representatives on proposed legislation, has aided her in crafting site-specific new rule proposals for her clients— rules that have been adopted and, more importantly, have allowed her clients to proceed beyond the costly standstill of regulatory non-compliance.