NRDC: D.C. Circuit Keeps Power Plant Rules Moving

WASHINGTON - In a win for the climate, the U.S. Court of Appeals for the District of Columbia Circuit turned down a motion from industry groups and some states to pause implementation of the Environmental Protection Agency’s carbon rules for power plants.

NRDC and other environmental groups intervened in the lawsuit to defend the EPA’s standards against the industry attacks and opposed the stay request.

The following is a statement from Meredith Hankins, a senior attorney at NRDC (Natural Resources Defense Council):

“The EPA set reasonable standards for utilities and states to cut their carbon pollution. The searing heat hitting much of the nation this summer is yet a further sign that we desperately need these rules to curb the pollution causing the climate crisis.


“This order is a big blow to the industry arguments – and a win for the climate.

“The D.C. Circuit judges said that EPA’s rules are squarely in its lane and found that power companies and recalcitrant states are unlikely to prevail on the merits in this case.

“The idea that power producers need immediate relief from modest standards that start to kick in eight years from now was obviously absurd. And states have plenty of time to begin their planning process. It’s reassuring that the judges saw through these requests.

“The court should move as quickly as possible to consider the merits of the case so utilities can stop paying lawyers and get to work on building a low-carbon electricity system.”


NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).