In an amicus brief filed February 23, 2016 (West Virginia v. EPA, D.C. Cir., No. 15-1363, brief filed 2/23/16), 34 Senators and 171 Representatives of the House have filed an amicus brief arguing that the U.S. EPA's Clean Power Plan should be vacated on the basis that the Rule far exceeds the EPA's authority under the Clean Air Act. Already, the Rule has been stayed by the U.S. Supreme Court and remanded to Appellate Judges in jurisdictions where legal challenges have been filed. The Appellate Courts have ordered expedited schedules for briefing despite motions by the petitioners for a slower track for the lawsuits challenging the carbon dioxide standards for new and modified power plants. The U.S. EPA has urged the states to begin making preparations for compliance with the Clean Power Plan in anticipation of resolution of the challenges in favor of the EPA.
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