EPA Power and Power Plants: Michigan v. EPA - Podcast

Environmental Law & Property Rights Practice Group Podcast
Andrew Grossman June 30, 2015

On June 29, the U.S. Supreme Court limited the power of the EPA. Under the Clean Air Act, the EPA can regulate, as a stationary source of emissions, power plants only if EPA concludes that "regulation is appropriate and necessary." The Court, in a split decision, held that the EPA acted unreasonably when it deemed cost of the regulations irrelevant when it decided to regulate power plants. But what does that mean for the EPA? Will the decision have an impact for other regulatory agencies?

  • Andrew Grossman, Associate, Baker & Hostetler, and Adjunct Scholar, The Cato Institute

The Clean Power Plan: A Bridge too Far? - Audio/Video

Third Annual Executive Branch Review Conference
David D. Doniger, Mark DeLaquil, Robert Sussman, Misha Tseytlin, Elana Schor June 23, 2015

The Environmental Protection Agency has proposed new regulations for CO2 emission reductions from existing power plants. The proposal requires states to implement the Agency’s Clean Power Plan. Proponents argue that it is an essential measure to protect vital natural resources; opponents argue that it will be massively costly and logistically difficult to implement (particularly given the timeframes required in the proposed regulations), and that it robs the states of their sovereign power. Our panel of experts will discuss the underlying legal authority for EPA’s proposal, the appropriate federalism model for regulation of CO2 emissions under the Clean Air Act, and the policy implications.

This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.

The Clean Power Plan: A Bridge too Far?
9:40 – 11:10 a.m.
Promenade Room

  • Mr. David Doniger, Natural Resources Defense Council
  • Mr. Mark W. DeLaquil, Baker & Hostetler LLP 
  • Mr. Robert M. Sussman, Sussman & Associates 
  • Mr. Misha Tseytlin, West Virginia Attorney General's Office
  • Moderator: Ms. Elana Schor, Politico

June 18, 2015
Washington, DC

Murray Energy: The Limits of EPA Authority - Podcast

Environmental Law & Property Rights Practice Group Podcast
Robert R. Gasaway April 24, 2015

In what has become a highly visible challenge to the EPA’s authority under the Clean Air Act, the D.C. Court of Appeals heard oral argument on April 16, 2015. The case is being viewed by some as a fundamental test of executive authority and the judiciary’s willingness to evaluate and rein in possible overreach. Is the rule, now in proposed form, ripe for challenge, at least in part because compliance with the rule requires a great deal of planning and expense even before its adoption? Has the EPA overreached and, if so, will the court intervene? Or has the EPA properly utilized its statutory rulemaking authority for what all parties indicate will be an important change in the way coal-fired power plants are able to operate?

  • Robert R. Gasaway, Partner, Kirkland & Ellis LLP

Keystone XL in the Nebraska Supreme Court - Podcast

Environmental Law & Property Rights Practice Group Podcast
Katie Spohn, J. Tyler Ward January 29, 2015

On January 9, 2015, the Nebraska Supreme Court held that the law dictating the potential path of the Keystone XL pipeline through the state was not unconstitutional. President Obama previously cited the pending lawsuit as a reason to delay making an approval decision on the controversial pipeline project. Nebraska’s former Deputy Attorney General Katie Spohn argued the case, and she joined a Teleforum conference call to discuss the decision and potential upcoming Keystone XL litigation.

  • Katie Spohn, Partner, Bruning Law Group, LLC
  • Moderator: J. Tyler Ward II, Member, Environmental Law & Property Rights Practice Group Executive Committee

Do the EPA’s CO2 Rules Go Too Far? - Event Video

2014 National Lawyers Convention
Paul Bailey, Elbert Lin, Robert V. Percival, Robert Sussman, Frank H. Easterbrook November 17, 2014

On June 2, 2014, the Obama Administration took action that would require a 30 percent cut in carbon emissions at fossil fuel-burning power plants by 2030.  Some industry representatives and state officials contend that the goals are unattainable, and the required shut-down of even a fraction of the coal-burning power plants required will put several power grids at risk, particularly during the upcoming winter season.  Regulators site cost-benefit claims of seven to one – that is, for every dollar expended on compliance, seven dollars will be saved in other areas, largely health care.  Are the rules likely to be finalized?  If so, how must such reductions be accomplished?  How much latitude will states and private actors have in meeting the new requirements?

The Federalist Society's Environmental Law & Property Rights Practice Groups presented this panel on "Do the EPA’s CO2 Rules Go Too Far?" on Saturday, November 15, during the 2014 National Lawyers Convention.


  • Mr. Paul Bailey, Senior Vice President for Federal Affairs and Policy, American Coalition for Clean Coal Electricity
  • Mr. Elbert Lin, Solicitor General, State of West Virginia
  • Prof. Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland Francis King Carey School of Law
  • Mr. Robert M. Sussman, Principal, Sussman & Associates and former Senior Policy Counsel to EPA Administrator and EPA Deputy Administrator
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit

Mayflower Hotel
Washington, DC