"Coal companies and Republican-led states yesterday called on the Supreme Court to constrain EPA from going as far as the Obama administration did when it crafted a systemwide approach to curb carbon emissions from existing power plants.
The challengers laid out their opening arguments in the landmark climate case West Virginia v. EPA, which could reshape the Biden administration’s plans to address energy-sector emissions (Energywire, Nov. 1).
Consolidated petitions from West Virginia, North Dakota, Westmoreland Mining Holdings LLC and North American Coal Corp. challenge a federal court ruling in January that overturned the Trump administration’s 2019 Affordable Clean Energy rule.
In their opening briefs to the Supreme Court, the challengers warned against allowing EPA to finalize a new version of the 2015 Clean Power Plan — which the Trump rule replaced — and asked the justices to consider how much discretion the federal agency should be granted to craft rules that could 'restructure the nation’s energy system.'"
Niina H. Farah and Lesley Clark report for E&E News December 14, 2021.