By Jeff Postelwait, Electric Light & Power.
The D.C. Circuit of the U.S. Court of Appeals will hear oral arguments about the fate of the Clean Power Plan starting September 27, and experts say the case will likely be taken up by the Supreme Court.
Given the vacancy on the Supreme Court, the D.C. Circuit's decision could be more important with only 8 justices left in the high court and no plan to fill the vacancy.
More than half the states in the Union (27 in total) have resisted the Clean Power Plan, a set of policies aimed at cutting power plant carbon emissions that cause climate change and human health risks. The plan has seen legal and political resistance since the August 3, 2015, when it was first unveiled.