The D.C. Circuit Court of Appeals decided late Monday to hear challenges to the Clean Power Plan in September, rather than the scheduled June date in two weeks.
Twenty-seven states are challenging President Obama’s regulations on carbon emissions from new and existing coal power plants, along with a host of business and industry groups. Oral arguments were originally scheduled to be heard in the case on June 2, but will not be held until Sept. 27.
And instead of being held in front of a panel of the court’s judges, all of the court will sit in on the case, according to the order. The only exceptions are Chief Judge Merrick Garland, who has recused himself from all cases after being nominated to the Supreme Court, and Judge Nina Pillard.
The Clean Power Plan is the Environmental Protection Agency’s regulation limiting carbon emissions from power plants. It seeks to cut carbon emissions by more than 30 percent by 2030. Under the plan, each state would be required to come up with its own system to meet a carbon emission reduction goal for each state.
However, many lawmakers and industry groups argue that it places undue restrictions on utilities and is part of the Obama administration’s long-term goal of killing coal power in the United States. Congress passed a resolution that would have blocked the regulation last year, but Obama vetoed it.
The Supreme Court has blocked the regulation while the legal challenge is heard. Some states have decided to stop working on their plans to meet the EPA’s carbon reduction goal while the challenge is being heard, but many are moving ahead.
