In Re: Murray Energy Corp., No. 14-1112 (D.C. Cir. 2015)
Annotate this CasePetitioners challenged EPA’s anticipated rule restricting carbon dioxide emissions from existing power plants. Petitioners argue that section 111(d) of the Clean Air Act, 42 U.S.C. 7411(d), does not grant EPA authority to limit carbon dioxide emissions from existing power plants and therefore, petitioners ask the court to enjoin EPA from issuing a final rule limiting those carbon dioxide emissions. The court concluded that the All Writs Act, 28 U.S.C. 1651(a), does not authorize a court to circumvent finality principles in order to review proposed agency rules; EPA's public statements about its legal authority to regulate carbon dioxide emissions does not constitute final agency action subject to judicial review; and the court rejected petitioners' challenge of a 2011 settlement agreement that EPA reached with several other states and environmental groups. Accordingly, the court denied the petitions for review and the petition for a writ of prohibition where the court does not have authority to review proposed agency rules.
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