Center for American Progress Action

RELEASE: CAP Action Releases New Analysis of Legal Support for the Clean Power Plan
Press Release

RELEASE: CAP Action Releases New Analysis of Legal Support for the Clean Power Plan

Washington, D.C. — With the last briefs filed on Friday in the West Virginia, et al. v. EPA case, the Center for American Progress Action Fund has released a new look at the arguments supporting the U.S. Environmental Protection Agency, or EPA, and the Clean Power Plan and why the U.S. Court of Appeals for the D.C. Circuit should rule in its favor. In the week ending on April 1, supporters of the agency filed amicus briefs with the U.S. Court of Appeals for the D.C. Circuit to voice their support for the Clean Power Plan. These were followed by response briefs filed last Friday, the last filing before the case moves to oral arguments before the Court on June 2.

By April 1, 18 amicus briefs had been filed to support the EPA and the Clean Power Plan. With support from leaders in the business, health, faith, consumer advocacy, and national security communities, the briefs argue that we not only cannot wait to act on climate but also that acting now is in our best interest. They argue that the Clean Power Plan will protect public health, and that without it, the impacts of climate change would be devastating. Additionally, they find that the plan is good for business and simply reflects the increasing demand for clean energy.

“We know the Clean Power Plan enjoys broad public support, but that never has been made more clear than by the diversity of support in the amicus briefs filed earlier this month,” said Billy Corriher, Director of Research for Legal Progress Action at the Action Fund. ”Mayors, members of Congress, corporate titans, and health professionals joined scores of other leaders to demonstrate the need for the Clean Power Plan and underscore the solid legal footing on which it stands. The Court should uphold the EPA’s authority to protect public health from dangerous pollution, as it has done many times over, and allow this common-sense plan to proceed.”

This new analysis shows that in addition to strong public backing, the Clean Power Plan also has the law on its side. Thanks to the Clean Power Plan and other initiatives of President Barack Obama’s Climate Action Plan, the United States is leading the global community in the fight to tackle climate change. This lawsuit brought by industry and its conservative attorneys general allies threatens to undermine that leadership and stall our effort to move to a clean energy future. States and businesses already are undertaking successful efforts to transition to clean energy, showing that we do not have to choose between a healthy economy and a healthy environment.

Read the issue brief: Outpouring of Support for the EPA’s Plan to Cut Carbon Pollution from Power Plants by Abby Bar-Lev and Billy Corriher

For more information on this topic or to speak with an expert, contact Benton Strong at [email protected] or 202.481.8142.