North Dakota v. EPA (Power Plants)

Citation: North Dakota v. EPA, No. 15-1381 (D.C. Cir. 2015)

A group of 18 states and 2 cities intervened in a lawsuit to defend EPA’s new source performance standards (NSPS) for carbon dioxide (CO2) emissions from fossil fuel-fired power plants. The NSPS establishes an emission standard for new coal-fired power plants which reflects EPA’s determination that these plants can use carbon capture and storage (CCS) to capture a fraction of the CO2 emissions. State and industry petitioners challenged the NSPS, their primary contention being that CCS is not an adequately demonstrated technology and the emission standards for coal-fired power plants are therefore unlawful.

The state defendant-intervenors filed a brief explaining why CCS is adequately demonstrated and the NSPS is both lawful and necessary. Oral arguments at the D.C. Circuit are scheduled for April 2017.

Key documents:

• Brief filed by states
• North Dakota reply
• EPA brief
• Motion by states for leave to intervene
• Petition by North Dakota
• S. Chamber of Commerce opening brief

Additional resources:

• California AG press release
• Massachusetts AG press release