• U.S. Chamber Motion to Intervene on Clean Power Plan and Affordable Clean Energy Rules

August 9, 2019

Pursuant to Federal Rules of Appellate Procedure 15(d) and 27 and Circuit Rules 15(b) and 27, the Chamber of Commerce of the United States of America (the “Chamber”) respectfully moves for leave to intervene in support of Respondents Environmental Protection Agency and Andrew R. Wheeler, Administrator of the Environmental Protection Agency (collectively, “EPA”), in opposition to the petition for review (“Petition”) in American Lung Association v. United States Environmental Protection Agency, Case No. 19-1140. The Petition challenges a final EPA rule entitled Repeal of the Clean Power Plan; Emissions Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations, 84 Fed. Reg. 32,520 (July 8, 2019) (the “Rule”).

EPA promulgated the Rule under Section 111 of the Clean Air Act (“CAA”), 42 U.S.C. § 7411. Among other things, the Rule repeals the Clean Power Plan (“CPP”), a regulation that EPA promulgated under Section 111 in 2015. 1 In addition to repealing the CPP (the “Repeal Rule”), the Rule implements the Affordable Clean Energy rule (the “ACE Rule”) to set guidelines for greenhouse gas emissions (CO2) from existing coal-fired electric utility generating units (“EGUs”) under Section 111(d). The ACE Rule also instructs the States on how to develop, submit, and implement plans to establish performance standards for greenhouse gas emissions from certain EGUs. Finally, the Rule adopts regulations for EPA and States implementing the ACE Rule (the “Implementation Rule”).

The Chamber is the world’s largest business federation. It represents approximately 300,000 direct members and indirectly represents the interests of more than 3 million companies and professional organizations of every size, in every industry sector, and from every region of the country. An important function of the Chamber is to represent the interests of its members in matters before Congress, the Executive Branch, and the courts. The Chamber’s members include companies in industries directly regulated and affected by the Rule. Its members in particular include power generators that rely on fossil fuels. The CPP required generation facilities to limit CO2 emissions. The Repeal Rule eliminates these members’ obligations under the CPP, and the ACE Rule and Implementation Rule provide procedures and set obligations that are more consistent with Section 111(d) of the CAA.