EPA Power Plant Strategy Slammed as ‘Wolf in Sheep’s Clothing’

States and energy industry groups filed their opening brief in a lawsuit targeting the scope of EPA authority for new power plant standards, urging the D.C. Circuit to vacate the agency’s rule.

The Environmental Protection Agency finalized its rule for power plants based on carbon capture technology as the “best system of emission reduction” (BSER), failing to account for the significant limitations of the technology, according to the brief filed Sept. 6.

“EPA ignored the statutory commands to select a BSER that ‘has been adequately demonstrated’ and an emission limitation ...