AUSTIN – The Texas Public Policy Foundation (TPPF) and Pacific Legal Foundation (PLF) today filed anAmicus Curiae brief in opposition to the Environmental Protection Agency’s Clean Power Plan. TPPF and PLF jointly represent Morning Star Packing Company, Merit Oil Company, The Logger’s Association of Northern California, and Norman Brown in West Virginia, et al v. EPA. The brief supports Petitioners, comprised of 27 states, industry groups, and national and rural utilities, in opposition to EPA’s unconstitutional attempt to regulate carbon dioxide from power plants through nationalization of the entire nation’s electric grid. 

“The Supreme Court has made clear that an agency’s interpretation of a statute is not entitled to deference when it goes beyond the meaning that the statute can bear,” said Robert Henneke, director of the Center for the American Future at the Texas Public Policy Foundation. “Just as Congress’ choice of words is presumed to be deliberate, so too are its structural choices. EPA’s Clean Power Plan exceeds the limitations to the Clean Air Act adopted by Congress, and is therefore unlawful.”

“Carbon dioxide is a ubiquitous natural substance essential to life on Earth,” said Ted Hadzi-Antich, senior staff attorney with the Pacific Legal Foundation. “It is everywhere and in everything. By regulating carbon dioxide from electric power plants, EPA is positioning itself to regulate everything, everywhere. Neither the Clean Air Act nor the Constitution permits that.”
In the brief, Amici argue that carbon dioxide emissions are so pervasive in the atmosphere, that if they are to be regulated at all, they should be regulated within the parameters of National Ambient Air Quality Standards under Section 108, which have governed pollutants from “numerous and diverse” sources since the Act’s enactment in 1970. Further, Amici argue that Section 111, the section of the Clean Air Act that EPA’s rule was brought under, prohibits regulation of power plants under its structure, as power plants are already regulated by EPA under Section 112. Additionally, in promulgating the Clean Power Plan for carbon dioxide emissions from stationary sources, EPA impermissibly relied on the mobile source endangerment finding regarding a suite of six greenhouse gases. Finally, EPA’s Rule violates the Tenth Amendment, principles of state sovereignty, and is in direct contravention of the law. Amici support Petitioners’ claim that the Clean Power Plan should be invalidated by the D.C. Circuit Court of Appeals.
To read the Amicus Curiae brief in its entirety, please visit:

To schedule an interview with Mr. Henneke please contact Caroline Espinosa at [email protected] or 512-472-2700.

The Honorable Robert Henneke is general counsel and director of the Center for the American Future at the Texas Public Policy Foundation. Before joining the Foundation, Robert served as the twice-elected Kerr County Attorney where he fought to protect the community through tough prosecution and brought conservative values to county government.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.

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