The Clean Power Plan Goes to Court

In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection Agency’s website as “a historic and important step in reducing carbon pollution from power plants that takes real action on climate change.” Some six months later, on February 9, 2016, the U.S. Supreme Court stayed implementation of the Plan, pending further judicial review. Later this month, the D.C. Circuit Court of Appeals will hear en banc argument in that case, West Virginia et al. v. EPA. The suing states and power companies assert that the EPA has overstepped its authority in the Clean Air Act, and have acted beyond the bounds of the U.S. Constitution. Our experts will debate the arguments made in the various briefs and expected at oral argument.

Speakers: 

• David Bookbinder, Founder, Element VI Consulting
• David Doniger, Policy Director, Climate & Clean Air Program, Natural Resources Defense Council
• Hon. Scott Pruitt, Attorney General, Oklahoma
• David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
• Moderator: Adam J. White, Research Fellow, The Hoover Institution