Brief of Amici Curiae Lignite Energy Council and State Coal Associations in Support of Petitioners

Of great concern to LEC and the State Coal Association Amici is the manner in which the D.C. Circuit allows EPA to ignore this Court’s major questions doctrine, which prohibits the D.C. Circuit’s strained interpretation of 42 U.S.C. § 7411(d) of the Clean Air Act (“Section 111(d)”). The D.C. Circuit’s decision empowers EPA to convert its statutorily defined and modest role as an environmental regulatory body into the sole energy policymaker, supplanting states even in their expressly delegated areas of authority.