The Obama-era Clean Power Plan (CPP), succeeded by the Trump administration's Affordable Clean Energy (ACE) Rule, were greenhouse gas regulations with significant repercussions for existing coal power plants and their CO2 emissions. In early 2016, the Supreme Court of the United States (SCOTUS) took the unpresented step of staying the enforcement of the CPP. Later, the Trump Administration proposed the ACE Rule to replace the CPP. The ACE Rule was subsequently vacated by the D.C. Circuit Court of Appeals (D.C. Circuit) in January of this year. The state of North Dakota, a coalition of 19 other states, and two coal companies are challenging the D.C. Circuit's decision and have asked SCOTUS to vacate it and reinstate the ACE Rule.
Join us as Paul Seby, who represents the state of North Dakota, addresses the important and interesting legal dynamics of these challenges, which are relevant to all coal supply chain stakeholders. His discussion will include:
- States and companies involved in the legal challenges and request to SCOTUS
- Current makeup of SCOTUS and prospects for SCOTUS to take up the case
- Possible next steps by the Biden administration's EPA on greenhouse gas regulations