Tags: Barack Obama | judges | epa | climate | greenhouse | federal

Two of Three Judges Skeptical of EPA Climate Rule Challenge

By    |   Thursday, 16 Apr 2015 08:56 PM

Two of three federal judges hearing a challenge to the Obama administration's plan to limit greenhouse gas emissions from power plants appeared skeptical about making a ruling before the regulations are formally adopted.

More than a dozen states and Murray Energy Corp are challenging the Clean Power Plan that would require the power sector to slash carbon dioxide emissions by 30 percent from 2005 levels taking the unusual step of suing before the rules are even final.

"We could guess what the final rule looks like, but we're not usually in the business of guessing," Judge Thomas Griffith of the U.S. District Court of Appeals in D.C. remarked Thursday.

The administration's Clean Power Plan is the centerpiece of President Barack Obama's effort to address climate change in his final term in office.

The states and Murray Energy argue the Environmental Protection Agency can't regulate power plants as proposed because the facilities are already covered under the Clean Air Act by the Mercury and Air Toxics Standards.

They said allowing the carbon rules to move forward would amount to double regulation and urged the court to act now to prevent harm to states that can't be undone.

Judge Brett Kavanaugh was also skeptical.

"For us to get in the middle of this before that happens is highly unusual," Kavanaugh told Elbert Lin, the solicitor general for West Virginia, at the case’s oral arguments, The Hill reports.

But Judge Karen Henderson appeared more open to the idea, saying it's clear the EPA believes it can legally use the Clean Air Act to regulate carbon from power plants, even though the proposal is still in its public comment period.

"I see a closed mind in terms of the legal issue," she said. "That’s not going to change with the comments."

The three judges set to rule on the cases are all Republican appointees.

The Clean Air Act’s 1990 amendments passed with two conflicting additions, one from the House and one from the Senate, on the limits of "double regulating" power plants, The Hill notes.

The Obama administration insists the law is ambiguous and that the EPA has the right to interpret it.

"The question the court has to answer … is limited to whether EPA gets its ordinary opportunity to interpret law," said Amanda Shafer Barnes, one of the Justice Department lawyers in the case, The Hill reports.

"Do we get to do our normal job here?"

Reuters contributed to this report.

© 2017 Newsmax. All rights reserved.

 
1Like our page
2Share
US
Two of three federal judges hearing a challenge to the Obama administration's plan to limit greenhouse gas emissions from power plants appeared skeptical about making a ruling before the regulations are formally adopted.
judges, epa, climate, greenhouse, federal
409
2015-56-16
Thursday, 16 Apr 2015 08:56 PM
Newsmax Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved