Chamber of Commerce, et al. v. EPA (NSPS Rule)

Case Updates

The U.S. Chamber, joined by fifteen other business groups, filed a petition in the D.C. Circuit challenging the EPA’s New Source Performance Standards (NSPS) rule regulating carbon dioxide emissions from new and modified power plants. As with the EPA’s companion rule for existing power plants, the NSPS rule is unlawful and should be invalidated by the courts.

As a practical matter, the rule imposes a ban on the construction of new coal-fired power plants in the United States, and is inconsistent with an all-of-the-above energy strategy that is essential to maintaining electricity reliability and affordability. Ultimately, EPA’s NSPS regulation will harm electricity consumers while reducing America's energy diversity. the Clean Air Act prohibits EPA from mandating unproven technologies, and the carbon capture and control systems mandated in the NSPS are simply not ready for commercial use.

In this case, the U.S. Chamber and its coalition partners are represented by Peter D. Keisler, Roger R. Martella, Jr., C. Frederick Beckner III, Ryan C. Morris, Joel F. Visser, and Paul J. Ray of Sidley Austin LLP.

The Chamber's lawsuit has been consolidated with Murray v. EPA, the lead caption for the consolidated litigation challenging NSPS.