How a court is supposed to figure out what is just or unjust in climate matters is an interesting question, but it’s going to happen anyway as Yahoo News reports. There will probably be a new US president before all the legal battles are over.
MICHAEL BIESECKER May 17, 2016 WASHINGTON (AP) — The full appeals court in Washington will hear arguments in the legal fight over President Barack Obama’s plan to curtail greenhouse gas emissions, potentially accelerating the case’s path to the Supreme Court.
The United States Court of Appeals for the District of Columbia Circuit issued an order Monday scheduling oral arguments on the legality of the Clean Power Plan for September 27.
A three-judge panel had been scheduled to hear the case June 2, but whichever side lost was considered likely to seek a review by the full appeals court.
By using its discretion to skip a step, the appeals judges are potentially shaving months off the time before the case could be heard by the high court. It is rare for an appeals court to hold such an “en banc” review prior to the smaller panel’s decision, but procedural rules allow it when the case at issue “involves a question of exceptional importance.”
About two dozen mostly GOP-led states sued the Environmental Protection Agency over the new carbon-cutting regulations, which aim to slow climate change by reducing power-plant emissions by one-third by 2030. More than 100 conservative advocacy groups, electric utilities and coal mining companies have also filed suit.
If the Clean Power Plan were to be struck down in court, it would become more difficult for the United States to meet its goals for cutting carbon emissions under the landmark international climate treaty signed in Paris at the end of last year.