Court Makes Unusual Move with Clean Power Plan Rule

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The U.S. Court of Appeals for the District of Columbia Circuit—in an extremely rare and surprising move—announced Monday that the Environmental Protection Agency’s (EPA) Clean Power Plan will go before the full court in September.

powerplantReview of the case by all active judges, instead of the customary three-judge panel, is known as en banc review. While the court’s motives are unknown, this move may signify that the D.C. Circuit Court is taking the rule very seriously, and recognizes the broad impact implementation could have on the U.S. economy.

In general, the final Clean Power Plan Rule requires states to reduce carbon dioxide emission from power plants located within their borders. While the rule is supposed to focus on power plants, the agency’s emission reduction requirements are so stringent that states will have to use a variety of mechanisms to meet them.

Because EPA has encouraged states to use building energy efficiency, including the imposition of building codes, as a way to comply with these targets, NAHB has been engaged from the beginning, which has helped to significantly improve EPA’s treatment of energy efficiency in the final rule. Additionally, NAHB, along with several partnering associations, filed suit against EPA over the Clean Power Plan Rule.

For now, due to a stay ordered by the U.S. Supreme Court, implementation of the rule is on hold. NAHB is closely following the development of this case, and will provide additional information as it becomes available.  For more details, please contact Amy Chai at 202-266-8232 or Tamra Spielvogel at 202-266-8327.

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  1. Nancy McFarland says:

    Thank you! I live in a coal state with coal powered plants and the affect we’ve seen so far is catastrophic. Not only for the economy and higher energy prices, but the lack of jobs in those areas. We are now seeing new migration to the urban areas (Agenda 21) which is putting a hardship on the infrastructure . And that’s just the immigration we’re seeing from our own state. There is not enough housing, schools etc….it’s a problem! Until the United States and the world allow other energy options to become available that are affordable, this direction by the EPA is destructive and an over reach of the Federal Government! The United States burns clean coal. Number one it comes out of the ground that way and two, millions of dollars were spent about 25 years ago to put scrubbers on the stacks. The outflow is basically steam. As the pic shows in the article. You don’t see smog around those homes. That’s steam that immediately evaporates. The irony is, that China has a very dirty coal, are building new coal powered plants every month and have ZERO regulations. The smog is unbelievable! Interesting…but they’re making a lot of money off of China right now.. How can the Federal Government make decisions for an individual State? Federal funds and that’s how they control us. Until WE THE PEOPLE stand up against this over reach….we can only expect more of the same.

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