EPA Challenge Heads to Federal Court

A coalition, comprised of 14 states, took the Obama administration to task this week in hopes of blocking a new rule proposed by the EPA. The rule would curb carbon emissions by coal-fired power plants.

Attorneys for the coalition argue that the proposed rule is completely onerous, imposing steep costs to plants and their respective states. They suggest that the rule will ultimately render the coal-power industry dead.

The attorneys cited costs already absorbed by the states, in an effort to study the implications of compliance. However, the Obama administration sees the efforts as a signature of accomplishment in regards to climate change.

The coalition also argues that the EPA lacks authority to issue a rule with such sweeping application on the states.  This argument is similar to claims being made in court against Obamacare and executive amnesty.

In the D.C Court of Appeals, a panel of judges mention that the rule is in a premature stage. This may make them reluctant to uphold the case because the rule is still subject to change, possibly many times, before it is submitted.

Should the court ultimately toss out the coalition’s petition, as the New York Times suggests, action against the EPA could be appealed. It could also prompt Congress to act and curb the agency’s overindulgence of President Obama’s green agenda.