U.S. Court of Appeals for the D.C. Circuit

Case Status



Case Updates

Litigation over NSPS Rule held in abeyance

March 28, 2017

U.S. Chamber and coalition file lawsuit challenging EPA’s unprecedented attempt to ban new coal-fired power plants

December 18, 2015

The U.S. Chamber, joined by fifteen other business groups, filed a petition in the D.C. Circuit challenging the EPA’s New Source Performance Standards (NSPS) rule regulating carbon dioxide emissions from new and modified power plants. As with the EPA’s companion rule for existing power plants, the NSPS rule is unlawful and should be invalidated by the courts.

As a practical matter, the rule imposes a ban on the construction of new coal-fired power plants in the United States, and is inconsistent with an all-of-the-above energy strategy that is essential to maintaining electricity reliability and affordability. Ultimately, EPA’s NSPS regulation will harm electricity consumers while reducing America's energy diversity. the Clean Air Act prohibits EPA from mandating unproven technologies, and the carbon capture and control systems mandated in the NSPS are simply not ready for commercial use.

In this case, the U.S. Chamber and its coalition partners are represented by Peter D. Keisler, Roger R. Martella, Jr., C. Frederick Beckner III, Ryan C. Morris, Joel F. Visser, and Paul J. Ray of Sidley Austin LLP.

The Chamber's lawsuit has been consolidated with Murray v. EPA, the lead caption for the consolidated litigation challenging NSPS.

The Chamber is the lead petitioner in a coalition of 16 national trade associations challenging the final ESPS regulations. The Chamber has been joined in its lawsuit by the National Association of Manufacturers, American Fuel and Petrochemical Manufacturers, National Federation of Independent Business, American Chemistry Council, American Coke and Coal Chemicals Institute, American Foundry Society, American Forest and Paper Association, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Electricity Consumers Resource Council, Lignite Energy Council, National Lime Association, National Oilseed Processors Association and Portland Cement Association. The caption is Chamber of Commerce, et al. v. EPA, No. 15-1469.

U.S. Chamber, et al. petition for review filed 12/18/2015.

Opening brief filed 10/13/2016.

Case Documents