AUSTIN  – The Texas Public Policy Foundation will host a briefing on the eve of oral arguments before the D.C. Circuit Court in State of West Virginia, et al. v. EPA. The discussion will preview the key legal arguments to be addressed before the en banc panel regarding EPA’s authority to regulate the nation’s power generating industry under the Clean Power Plan (CPP). Issues include 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, and its attempt to rewrite the Clean Air Act to suit its overarching goal of regulating CO2 emissions.
“With 28 states unified in challenging the legality of the EPA’s Clean Power Plan, this lawsuit challenges whether federalism exists as inherent to our system of government,” said TPPF’s General Counsel and Director of the Center for the American Future Rob Henneke. “Not only has the EPA disregarded the concerns – both legal and substantive – from the enormous coalition of states, industry, and electrical providers, the EPA also disregards the harmful cost of this regulation to every American, disparately borne by the poor and senior citizens.”
In State of West Virginia, et al. v. EPA, the U.S. Court of Appeals for the D.C. Circuit, 28 states and over 120 companies and organizations challenged the EPA’s Clean Power Plan rules, which seek to regulate emissions from new and existing coal-fired power plants. TPPF’s Center for the American Future and the Pacific Legal Foundation jointly submitted an amicus brief in the case. 

WHO:             Texas Attorney General Ken Paxton

                       West Virginia Attorney General Patrick Morrisey

                       Mike Nasi, Partner, Jackson Walker LLP

                       Ted Hadzi-Antich, Senior Attorney, TPPF

                       Moderated by Rob Henneke, General Counsel and Director, TPPF

WHAT:            What to Expect from the Clean Power Plan Legal Challenge

WHEN:           TODAY, Monday, September 26, 12:30 pm -1:30 pm EDT

WHERE:         Americans for Tax Reform

                       722 12th St., NW.

                       Washington, DC. 20005



To schedule an interview with Mr. Henneke or Mr. Hadzi-Antich please contact Elizabeth Lincicome at [email protected] or 919-744-8087.

The Honorable Robert Henneke is the General Counsel and Director of the Center for the American Future at the Texas Public Policy Foundation. He is a member of the State Bar of Texas and is admitted to practice before the Supreme Court of the United States, the Fifth Circuit Court of Appeals, as well as the Federal District Courts in the Eastern, Western, Northern and Southern Districts of Texas.

Ted Hadzi-Antich is the senior attorney in the Center for the American Future at the Texas Public Policy Foundation. He has served for 40 years as a lawyer in a variety of capacities in federal and state government, private practice, law teaching, in-house corporate counseling, and public interest advocacy.

Registration for the 2017 Policy Orientation for the Texas Legislature is now open to media and the public! 

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

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