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The Clean Power Plan Goes to Court - Event Audio/Video

Environmental Law & Property Rights Practice Group
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin, Jr., Adam J. White September 15, 2016

In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection Agency’s website as “a historic and important step in reducing carbon pollution from power plants that takes real action on climate change.” Some six months later, on February 9, 2016, the U.S. Supreme Court stayed implementation of the Plan, pending further judicial review. Later this month, the D.C. Circuit Court of Appeals will hear en banc argument in that case, West Virginia et al. v. EPA. The suing states and power companies assert that the EPA has overstepped its authority in the Clean Air Act, and have acted beyond the bounds of the U.S. Constitution. Our experts will debate the arguments made in the various briefs and expected at oral argument.

Speakers: 

  • David Bookbinder, Founder, Element VI Consulting
  • David Doniger, Policy Director, Climate & Clean Air Program, Natural Resources Defense Council
  • Hon. Scott Pruitt, Attorney General, Oklahoma
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
  • Moderator: Adam J. White, Research Fellow, The Hoover Institution

National Press Club
Washington, DC

Clean Power Plan in the Court - Podcast

Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
David Bookbinder, David B. Rivkin, Jr. September 14, 2016

On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in West Virginia, et al. v. EPA, a case testing the constitutionality of the Clean Power Plan. Among two procedural peculiarities (the U.S. Supreme Court has granted a stay in the implementation of the Plan, and the D.C. Circuit Court of Appeals has, sua sponte, decided to hear the case en banc without a prior three-judge panel), the case includes myriad federalism and separation of powers issues. Our experts will discuss the primary issues in the case – the balance of power between the federal and state governments, and the separation of powers within the federal government.

Featuring:

  • David Bookbinder, Founding Member, Element VI Consulting
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP  

Clean Power Plan Litigation Update - Podcast

Environmental Law & Property Rights Practice Group Podcast
Elbert Lin September 01, 2016

On Tuesday, September 27, the D.C. Circuit Court of Appeals will hear West Virginia v. Environmental Protection Agency, the case that will determine the fate of President Obama’s Clean Power Plan. If enacted, the Clean Power Plan would set a national limit for carbon emissions, and require each state to reduce its own output and meet state-specific standards. In February, the Supreme Court voted 5-4 to stay the Clean Power regulations while the case was pending in the D.C. Court. Twenty-four states, and various energy producers, have joined the suit against the federal government. Does the EPA have the authority to regulate a state’s carbon emissions under the Clean Air Act? Elbert Lin, the Solicitor General of West Virginia, joined us to discuss the arguments as briefed in this highly important case.

Featuring:

  • Mr. Elbert Lin, Solicitor General, State of West Virginia

Pipeline Takings: When Can Your Property Be Taken? - Podcast

Environmental Law & Property Rights Practice Group Podcast
Alexandra Klass, Ilya Somin August 29, 2016

The use of eminent domain to condemn property for pipelines has become an increasingly controversial practice. Critics claim that it undermines private property rights and causes environmental damage. Defenders argue it is essential to enable effective exploitation of the nation's energy resources. In recent months, Georgia and South Carolina have passed new legislation limiting pipeline condemnations, an effort backed by a coalition of conservative property rights advocates and left of center environmentalists. Similar reforms have been proposed in many other states. This forum examined the growing controversy over pipeline takings.

Featuring:

  • Prof. Alexandra Klass, Distinguished McKnight University Professor, University of Minnesota Law School
  • Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University