Court Blocks Bid Against CO₂ Rule

In a small victory for EPA, a federal appeals court last week dismissed a legal petition from energy companies and 15 states seeking to stop the agency from requiring cuts in carbon dioxide emissions from coal-fired power plants. The petitioners challenged the agency’s interpretation of the Clean Air Act as the basis of a proposed regulation that EPA hasn’t yet finalized. In the dismissal, the court said it has jurisdiction only over final rules, not proposed ones. The U.S. Court of Appeals for the D.C. Circuit also said those who filed the case “want us to do something that they candidly acknowledge we have never done before: review the legality of a proposed rule. But a proposed rule is just a proposal.” The petition previews the legal arguments concerning the interpretation of several Clean Air Act authorities that critics are likely to turn to in future attempts to overturn the rule once it takes effect. The agency is expected to issue the final rule in August, and opponents are likely to file lawsuits against it soon after.