Thursday, October 22, 2015

Numerous States Prepare Lawsuits Against Obama’s Climate Policy



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Empty coal gondolas in a rail yard in Danville, W.Va. Patrick Morrisey, West Virginia's attorney general, said President Obama's climate change regulations would have "devastating impacts" on families in his state. Credit Luke Sharrett for The New York Times 
 
WASHINGTON — As many as 25 states will join some of the nation’s most influential business groups in legal action to block President Obama’s climate change regulations when they are formally published Friday, trying to stop his signature environmental policy.

In August, the president announced in a White House ceremony that the Environmental Protection Agency rules had been completed, but they had not yet been published in the government’s Federal Register. Within hours of the rules’ official publication on Friday, a legal battle will begin, pitting the states against the federal government. It is widely expected to end up before the Supreme Court.
“I predict there will be a very long line of people at the federal courthouse tomorrow morning, eagerly waiting to file their suits on this case,” said Jeffrey R. Holmstead, a lawyer for the firm Bracewell & Giuliani who represents several companies that are expected to file such suits.

 
While the legal brawls could drag on for years, many states and companies, including those that are suing the administration, have also started drafting plans to comply with the rules. That strategy reflects the uncertainty of the ultimate legal outcome — and also means that many states could be well on the way to implementing Mr. Obama’s climate plan by the time the case reaches the Supreme Court.




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