Politico's Morning Energy highlights a letter we sent the D.C. Circuit on the EPA's Clean Power Plan.
The Competitive Enterprise Institute, a conservative think tank deeply involved in climate change litigation, sent a letter on Wednesday to the D.C. Circuit trying to link a dissent by Judge Brett Kavanaugh in a case the EPA won to CEI's current challenge to the Clean Power Plan. As Pro's Alex Guillén reports, Kavanaugh's dissent argued that EPA had failed to do a proper cost-benefit analysis when it withdrew a permit for the Mingo Logan Coal Company, while the two judges writing for the majority in that case never addressed the cost-benefit issue. CEI is arguing that Kavanaugh bolsters their argument that EPA failed to fully consider the costs to coal companies inherent in the CO2 rule.
Read the full article at Politico's Morning Energy.