AUSTIN—Today, the Texas Public Policy Foundation’s litigation center filed an opening brief in the U.S. Court of Appeals for the D.C. Circuit challenging the EPA’s Affordable Clean Energy (ACE) regulation of carbon dioxide emissions from power plants.

“Carbon dioxide is a natural substance in the air essential to life on Earth,” said Ted Hadzi-Antich, a senior attorney with the Texas Public Policy Foundation. “EPA’s ACE Rule disregards substantive and procedural requirements of the Clean Air Act, thereby arrogating to itself unprecedented power over the national economy that Congress never intended to give to that agency,”

The Texas Public Policy Foundation filed the brief on behalf of its client coalition representing several individuals, small businesses, trade associates, and nonprofit organizations.

“After the Clean Power Plan was blocked by the U.S. Supreme Court as unlawful, EPA should have reevaluated its procedure for regulating carbon dioxide,” said Ryan Walters, an attorney with the Texas Public Policy Foundation. “By continuing to take shortcuts to bypass the demanding process for regulating a substance emitted by so many sources, EPA has failed to comply with its obligations.”

To read the brief in full, please visit:

https://files.texaspolicy.com/uploads/2020/04/17154747/2020.04.17-Brief-of-Robinson-Enterprises-et-al.pdf