|Judge Dismisses Oklahoma Clean Power Plan Lawsuit|
On July 17, a federal district court said it lacks jurisdiction to hear Oklahoma's challenge to EPA’s proposed Clean Power Plan. In her order dismissing the lawsuit, Judge Claire Eagan of the U.S. District Court for the Northern District of Oklahoma cited a recent decision by the U.S. Court of Appeals for the District of Columbia Circuit dismissing similar challenges to the proposed rule as premature. Eagan had ordered Oklahoma to submit a brief by July 16 explaining why the state believes the lawsuit should proceed.
Oklahoma had argued that the EPA proposed rule, which would regulate carbon dioxide emissions from existing power plants, exceeds the agency's Clean Air Act authority. The state said Section 111(d) of the act bars the agency from regulating industrial sources under that section that are already subject to hazardous air pollutant emissions standards under Section 112, as are power plants. Eagan said those questions of statutory interpretation would be better presented to the D.C. Circuit after the final rule is issued, which is expected in August.
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