The Texas Public Policy Foundation is hosting this panel discussion on the eve of oral argument in the D.C. Circuit, scheduled for September 27, 2016. The discussion will provide lawyers, the media, policy analysts, academics, legislators, regulators, and the general public with a window on the key legal arguments that will be addressed before the en banc panel regarding EPA’s authority to regulate the nation’s power generating industry under the so-called Clean Power Plan (CPP). Participants in the discussion include the Attorneys General of the states of Texas and West Virginia, two of the lead petitioners in the consolidated cases, as well as private counsel representing a variety of intervenors and amici supporting the petitioners. The key issues to be addressed involve constitutional challenges striking at the heart of the CPP, focusing on EPA’s usurpation of state powers to regulate the use of in-state natural resources, as well as the extent to which EPA is permitted to rewrite the Clean Air Act to suit its overarching goal of regulating carbon dioxide emissions throughout the nation. Ample time will be allotted to questions from the audience.
Welcome by Grover Norquist: President, Americans for Tax Reform
Ken Paxton: Attorney General for the State of Texas
Patrick Morrisey: Attorney General for the State of West Virginia
Mike Nasi: Partner, Jackson Walker LLP
Ted Hadzi-Antich: Senior Attorney, Center for American Future, Texas Public Policy Foundation
Moderated by Rob Henneke: General Counsel and Director, Center for American Future, Texas Public Policy Foundation
Complimentary lunch will be served at 12pm.