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By its plain language, the bill prohibits the EPA from regulating the power plantsRecently, the DC Circuit Court of Appeals heard one of the strangest cases ever argued in a federal appellate court – a seemingly esoteric controversy that, in any other context, might be relegated to obscurity. But since winning this case is the linchpin President Obama needs to win the “War Against Coal,” the EPA has staked everything on pulling an oversized rabbit out of a very small hat.
Cue State of West Virginia v. EPA and Murray Energy v. EPA, two joined cases comprising the first challenge to the president’s recent efforts to cement his climate change legacy. Fifteen states, along with select coal companies, have sued for an “extraordinary writ” to prevent the EPA from promulgating new carbon regulations set to be finalized this summer.