Murray Energy Corp. v. EPA

After EPA published its <a href="https://www.federalregister.gov/articles/2014/06/18/2014-13726/carbon-pollution-emission-guidelines-for-existing-stationary-sources-electric-utility-generating">proposal</a> to regulate greenhouse gas emissions from existing power plants in the Federal Register on June 18, 2014, Murray Energy Corp. filed a second petition in the D.C. Circuit challenging the agency’s Clean Power Plan. (Murray Energy also filed a petition for extraordinary writ (see above) in June.) In the second petition, Murray Energy contended that EPA’s proposal was an illegal final action because it violated an express statutory prohibition on regulating sources under both Section 112 and Section 111(d) of the Clean Air Act. Attempting to differentiate its petition from a challenge to proposed greenhouse gas new source performance standards for power plants that the D.C. Circuit <a href="https://climatecasechart.com/case/las-brisas-energy-center-llc-v-epa/">rejected</a> in 2012, Murray Energy noted that it was not challenging the substance of the Clean Power Plan rule, but whether EPA had any authority to initiate a rulemaking at all.