Description: Challenge to EPA’s proposed carbon dioxide standards for new power plants.
Las Brisas Energy Center, LLC v. EPA
Filing Date Type File Action Taken Summary 12/13/2012 Order Order issued granting motions to dismiss. The D.C. Circuit dismissed as premature power industry challenges to EPA’s proposed carbon dioxide emissions limits for new fossil fuel-fired power plants. The court held that given that these proposed standards are not final actions subject to judicial review. The proposed standards issued pursuant to Clean Air Act Section 111 would limit new fossil fuel-fired power plants to 1,000 pounds of carbon dioxide emissions per megawatt hour. The proposal would not apply to existing or modified sources. 06/11/2012 Petition for Review Petitions for review filed. Several power plants and industry groups filed challenges to EPA’s proposed carbon dioxide emissions standards for new power plants. Although EPA has not finalized the rule, the petitioners alleged that the rule constitutes final agency action because new plants that begin construction after April 13, 2012, the date the rule was proposed, would be subject to the carbon dioxide limit. The proposed rule would set a carbon dioxide emissions limit of 1,000 pounds per megawatt hour for all new power plants. Other petitions for review were filed, including White Stallion Energy Center LLC v. EPA (D.C. Cir., filed June 12, 2012); Sunflower Electric Power Co. v. EPA (D.C. Cir., filed June 12, 2012); Utility Air Regulatory Group v. EPA (D.C. Cir., filed June 12, 2012); Tri-State Generation and Transmission Association v. EPA (D.C. Cir., filed June 12, 2012); CTS Corp. v. EPA (D.C. Cir., filed June 13, 2012); and Power4Georgians v. EPA (D.C. Cir., filed June 12, 2012).