Critics Of EPA's ESPS Consider Pursuing Two-Phase Litigation Strategy

摘要

States and industry groups planning to challenge EPA's final existing power plant greenhouse gas rule are discussing a litigation strategy that would include two separate court reviews of the rule: the first challenging threshold legal issues and the second addressing issues that are more specific to the requirements of the rule. Supporters say the phased approach is designed with judicial economy in mind, because if the rule is halted due to overarching Clean Air Act structural prohibitions, then a court need never address the concerns that states or utilities have over specific requirements.