Defending the Clean Power Plan

The Clean Power Plan is a crucial step to curb the carbon pollution from power plants that drives dangerous climate change.

Clients

Regional Office / Program

Case Overview

Nine leading public health and environmental organizations have stepped up to defend the landmark Clean Power Plan in the federal appeals court in Washington, saying the plan is a crucial step to curb the carbon pollution from power plants that drives dangerous climate change.

The groups intervened in lawsuits against the Environmental Protection Agency’s climate plan addressing new and existing power plants, countering a group of coal companies, polluting power generators and allied state attorneys general that sued to block the first-ever standards limiting power plant carbon pollution.

The intervenor groups include the American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council and Sierra Club. Attorneys from Earthjustice and Clean Air Task Force are co-counsel.

The final Clean Power Plan was published in the Federal Register on October 23, 2015, launching a 60-day period to file lawsuits over the plan. In addition to the health and environmental groups, motions are expected by at least 15 state attorneys general, a group of utilities, cities and others united in support of limiting power plant carbon pollution.

The National Wind Technology Center in Colorado.
The National Wind Technology Center in Colorado. (Dennis Schroeder / NREL)

Case Updates

November 9, 2021 In the News: Governing

How Might the COP26 Climate Summit Affect Local Government?

Kirti Datla, Director of Strategic Legal Advocacy, Earthjustice: “They explained that it would be, basically, a waste of time to look at these older regulations because the electricity sector had already met the targets in the Obama-era regulation a decade ahead of the schedule in that regulation, even though it never even went into effect.”

A coal-fired power plant in central Wyoming.
June 19, 2019 Press Release

Earthjustice Denounces Trump Administration’s Dirty Power Scam

The Dirty Power Scam would gut limits on carbon emissions and present a step backward for climate action

Smoke from a coal powered plant.
August 21, 2018 Press Release

Earthjustice on EPA’s Coal Power Scam: A Big Leap in the Wrong Direction on Climate Pollution

EPA moves forward with dismantling of Clean Power Plan