Legality Issues – EPA Clean Power Plan Workroom

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EPA Response to NMA Claims that they Exaggerated the Amount of Coal Generation Retirements – November 7, 2016

NMA Sent Letter to D.C. Circuit Court Stating that EPA Exaggerated the Amount of Coal Generation Retirement – October 31, 2016

D.C. Circuit Court Hears Case on the Clean Power Plan (Full Audio) – September 27, 2016

Industry Brief About Concerns on EPA’s Definition of a Regulated Entity in Regards to the Clean Power Plan – August 8, 2016

States’ Brief Following Regional Haze Stay Regarding the Clean Power Plan – July 27, 2016

Competitive Enterprise Institute’s Brief Arguing Against Clean Power Plan EPA’s Failure on Cost and Benefit Analysis – July 27, 2016

House Committee on Energy and Commerce Says EPA Defies Supreme Court’s Stay of Clean Power Plan – May 13, 2016

Judge Merrick Garland Gives Judiciary Committee Unsolicited Questionnaire on Record – May 10, 2016

Energy Policy Institute at Chicago: Insider’s Debate: Will the Clean Power Plan Survive? – May 5, 2016

Clean Power Plan: Legal Background and Pending Litigation in West Virginia v. EPA – April 27, 2016

Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court – April 27, 2016

EPA Denied Five Petitions Asking Agency to Reconsider GHG Rules on New, Modified and Reconstructed Power Plants – April 29, 2016

Democratic Members of Congress Filed Brief with DC Circuit Defending Clean Power Plan – April 1, 2016

Amazon.com Inc., Apple Inc., Google Inc., & Microsoft Corp. Filed a “Friend of the Court” Brief with D.C. Circuit to Uphold the Clean Power Plan – April 1, 2016

Former Republican EPA Administrators Brief with DC Circuit Defending the Clean Power Plan – March 30, 2016

Environmentalists and Public Health Groups Brief – March 29, 2016

Pro-Clean Power Plan Utilities’ Brief – March 29, 2016

Renewable Energy Industry Groups’ Brief – March 29, 2016

Pro-Clean Power Plan States and Cities’ Brief – March 29, 2016

EPA’s Brief to DC Circuit in Defense of the Clean Power Plan – March 28, 2016

Former State Energy and Environmental Officials Brief to Asking to Participate in Defense of the Clean Power Plan – March 28, 2016

Senate Democrats Demand Hearing and Vote on SCOTUS Nominee – March 28, 2016

West Virginia Coal Association Against Confirmation of SCOTUS Nominee Merrick Garland – March 24, 2016

DC Circuit Denied the Energy and Environment Legal Institute’s Request to File Argument Stating that the EPA Improperly Colluded with Environmental Lobbyists in Formulating the Clean Power Plan – March 21, 2016

Senate Environment and Public Works Committee Chairman Jim Inhofe Sends Letter Questioning EPA Actions Since Supreme Court Stay on the Clean Power Plan – March 10, 2016

ACCCE: The Effect of the Supreme Court Stay on Power Plan Deadlines – Q&A – March 9, 2016

Van Ness Feldman: Effect of Supreme Court’s Stay on States’ Obligations to Implement the Clean Power Plan – March 8, 2016

Effect of Supreme Court Stay on Clean Power Plan Deadlines – March 2, 2016

U.S. Chamber Litigation Center: Clean Power Plan – March 2, 2016

Excerpts from 12 Legal Briefs (11 Amicus Briefs and One Intervenor Brief) that were Filed with the DC Circuit Opposing the Clean Power Plan – February 28, 2016

34 Senators, 171 Representatives File Amicus Brief Urging DC Circuit Court to Block EPA’s Clean Power Plan – February 23, 2016

Letter from Senate Majority Leader McConnell Stating there Will Be No Hearing or Vote on SCOTUS Nominee – February 23, 2016

States Opening Brief on the Core Issues of the Clean Power Plan in the District of Columbia Circuit Court – February 19, 2016

States Opening Brief on the Procedural Issues of the Clean Power Plan in the District of Columbia Circuit Court – February 19, 2016

Stakeholder Statements on the Supreme Court’s Stay of the Clean Power Plan – February 11, 2016

FAQs: About the Supreme Court’s Stay of the Clean Power Plan – February 11, 2016

White House Response to Stay on the Clean Power Plan – February 9, 2016

U.S. Supreme Court’s Order Staying the Clean Power Plan – February 9, 2016

U.S. Court of Appeals for the District of Columbia Circuit Issued Schedule for Clean Power Plan – January 28, 2016

Industry Asks U.S. Supreme Court to Stay the Clean Power Plan – January 27, 2016

Utilities Ask U.S. Supreme Court to Stay the Clean Power Plan – January 27, 2016

Coal Asks U.S. Supreme Court to Stay the Clean Power Plan – January 26, 2016

States Ask U.S. Supreme Court to Stay the Clean Power Plan – January 26, 2016

Court Rejects Motion for a Stay of the Clean Power Plan – January 21, 2016

Joint Reply of Utility, Coal, Labor, and Business in Support of Motions for Stay of EPA’s Clean Power Plan – December 23, 2015

NextEra, Calpine, Pacific Gas and Electric, Southern California Edison, and Others Urged Judges to Keep Clean Power Plan in Place – December 8, 2015

Colorado’s Supreme Court Will Not Allow Democratic Gov. John Hickenlooper to Stop Republican Attorney General Cynthia Coffman from Suing the Obama Administration Over the Clean Power Plan – December 3, 2015

EPA’s Opposition to Motions to Stay the Final Clean Power Plan – December 3, 2015

Mississippi Petition for Review on EPA’s Clean Power Plan – November 4, 2015

18 States (California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington) Form Coalition to Defend EPA’s Clean Power Plan Rule by Filing Motion to Intervene – November 4, 2015

23 States (Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wyoming) Seek to Block EPA’s Carbon Rule for New Plants – November 3, 2015

Advanced Energy Economy Asks a Federal Court to Allow Them to Defend EPA’s Clean Power Plan – October 27, 2015

American Wind Energy Association Asks a Federal Court to Allow Them to Defend EPA’s Clean Power Plan – October 27, 2015

Coalition of Green Groups (American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council and Sierra Club) Asks a Federal Court to Allow Them to Defend EPA’s Clean Power Plan – October 27, 2015

North Dakota Attorney General Wayne Stenehjem Submits a Petition for Review on EPA’s Clean Power Plan – October 23, 2015

Oklahoma Attorney General Scott Pruitt Submits a Petition for Review on EPA’s Clean Power Plan – October 23, 2015

24 States File a Motion for Stay on EPA’s Clean Power Plan (Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Jersey, North Carolina, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, Wyoming) – October 23, 2015

24 States Submit a Petition for Review Asking a Federal Court to Strike Down the EPA’s Clean Power Plan (Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Jersey, North Carolina, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming) – October 23, 2015

National Mining Association and Others File Motion to Stay EPA’s Clean Power Plan – October 23, 2015

16 States Apply for a Stay of the Final Rule on Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (AL, AR, AZ, IN, KS, KY, LA, NE, OH, OK, SC, SD, UT, WI, WV, WY) – August 5, 2015

U.S. District Court Grants Murray Energy Standing to Sue EPA over Failure to Assess Job Impacts as Required in Clean Air Act Section 321 – March 27, 2015

Nineteen State AGs Inform EPA the 111(b) Proposal for “New” Power Plants has Expired and Must be Withdrawn; in Turn, 111(d) Must be Withdrawn (Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, Wyoming) – March 25, 2015

Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School Testimony Before the House Energy and Commerce Committee Hearing on “EPA’s Proposed 111(d) Rule for Existing Power Plants: Legal and Cost Issues” – March 17, 2015

American Chemistry Council & Others Amicus Brief on Threshold Question of EPA’s Authority to Regulate GHG Emissions from Existing EGUs Under Sec. 111(d) when those Sources are Already Regulated under Sec. 112 – December 10, 2014

Roger Martella – The Legal Scrutiny Surrounding §111(d): Will It Survive or Stumble? – December 2014

Peter Glaser – EPA’s Section 111(d) Carbon Rule: What if States Just Said No? – November 2014

D.C. Cir. Order in State of West Virginia, et al., v. EPA_10.21.14

Next Steps and Preliminary Views on the Application of Clean Air Act Permitting Programs to Greenhouse Gases Following the Supreme Court’s Decision in Utility Air Regulatory Group vs. Environmental Protection Agency – July 24, 2014

Roger Martella, Sidney Austin Presentation on EPA’s Clean Power Plan – June 9, 2014

Peter Glaser, Troutman Sanders on Why EPA’s “Clean Power Plan” Is Legally Invalid – June 5, 2014

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