EPA says broad language of Clean Air Act justifies Clean Power Plan

By Robert Walton, Utility Dive.

Dive Brief:

  • The U.S. Environmental Protection Agency (EPA) has filed a final brief with the U.S. Court of Appeals for the District of Columbia that signals the end of legal briefing for the case, defending the Clean Power Plan by pointing to the broad language Congress used in the Clean Air Act, Argus reports. 
  • EPA's filing marks the end of the briefing stage of the case. Oral arguments will be heard June 2; the court is working on an expedited basis, after the U.S. Supreme Court delayed implementation of the rule.
  • According to the EPA, the Clean Air Act requires the agency to implement the "best system of emission reduction;" lawyers have focused on the word "system" to mean a broad range of measures across the industry.