U.S. Chamber Files Opening Brief in Case Against EPA Power Plant Rule

Friday, February 19, 2016 - 7:15pm

Coalition Includes 150 Petitioners, Including 27 States

WASHINGTON, D.C. — The U.S. Chamber of Commerce today, along with a coalition including officials from 27 states and more than 150 other organizations representing a wide range of the American economy, presented opening arguments in the D.C. Circuit against the EPA’s power plant rule.  

“We are confident in our case, and the sheer number and diversity of challengers in this case is itself a powerful statement against EPA’s overreach,” said Karen Harbert, president and CEO of the Chamber’s Institute for 21st Century Energy. “Not only is the rule unlawful, it’s also bad policy. This regulation threatens one of our nation’s greatest competitive advantages—a diverse set of electricity resources that provide reliable and affordable energy. Our energy diversity has contributed to a renaissance of U.S. manufacturing, helping to generate much-needed jobs and significant investments and revenue.”

Two weeks ago, the U.S. Supreme Court granted a stay request from the U.S. Chamber and others preventing EPA from moving forward with its rule until the conclusion of judicial proceedings. The case first will be heard by the U.S. Court of Appeals for the District of Columbia Circuit. Today’s brief argues that the Rule unlawfully attempts to radically transform the electric sector and usurp states’ traditional authority over the electric grid.

The U.S. Chamber is the lead petitioner in a coalition of 16 national trade associations challenging the final power plant 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.

To read the brief and for more information on the case, visit the U.S. Chamber Litigation Center’s webpage here. Select excerpts from the brief are here.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.