February 23, 2016

Cassidy Urges Circuit Court of Appeals to Overturn EPA’s Clean Power Plan

WASHINGTON— U.S. Senator Bill Cassidy, M.D. joined 34 U.S. Senators and 171 Members of the U.S. House of Representatives to file an amicus brief today in the case of State of West Virginia, et al. v. Environmental Protection Agency, et al to support the petitions filed by 27 states seeking to overturn the EPA’s “Final Rule”—also called the Clean Power Plan.


Louisiana is one of the states challenging the EPA’s Clean Power Plan. Louisiana Attorney General Jeff Landry recently said the state should take no action to come into compliance since the Clean Power Plan was blocked by the Supreme Court on February 9th.


A copy of the brief can be found here and read an excerpt below:


“Nor has Congress authorized EPA to make the policy choices that are reflected in the Final Rule—a rule that imposes enormous costs on States and the public without achieving meaningful climate benefits. Because of the Final Rule, States will face unprecedented new regulatory burdens, electricity ratepayers will be subject to billions of dollars in compliance costs, and American workers and their families will experience the hardship of job losses due to power plant shutdowns, higher electricity prices, and overall diminishment of the nation’s global economic competitiveness,” write the Congressmen. “Accordingly, the Final Rule that has been properly stayed by the Supreme Court should now be vacated by this Court.”


Thirty-nine lawsuits seeking review of the president’s Clean Power Plan have been consolidated in the D.C. Circuit.  The Court is scheduled to hear oral arguments in the consolidated cases on June 2. An amicus brief, or “friend of the court” brief, can be filed in order to address concerns and advise the Court on a matter of law that directly affects the case at hand.