The Environmental Protection Agency (EPA) is moving forward with its Clean Power Plan (CPP) despite pending litigation from more than 20 states to halt its enforcement. CPP establishes statewide carbon dioxide (CO2) emissions standards for existing fossil fuel-fired electric generating units with the goal of cutting CO2 emissions by 32% by 2030, as measured from a 2005 baseline. EPA bases its authority to promulgate such a rule using Section 111(d) of the Clean Air Act. More than 20 states filed an official petition for review (i.e., taking another look at this rule) with the U.S. Court of Appeals for the District of Columbia on October 23, 2015, with West Virginia as the lead petitioner—West Virginia et al. vs. EPA et al. (No. 15-1363). Many of the same states simultaneously filed a separate request to stay the rule (i.e., halting its implementation pending results of review).
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