D.C. Circuit Appears Skeptical Of Industry's 'Notice' Claims In ESPS Suit

The 10 judges on the U.S. Court of Appeals for the District of Columbia Circuit appeared largely unreceptive to potentially precedential industry arguments seeking to overturn EPA's power plant greenhouse gas rule because the final rule included many key components -- most importantly performance rates for coal and gas plants on a national basis -- that were never proposed. If successful, the industry argument could have broader implications beyond the GHG rule because they apply to how EPA interprets procedural...