The DC Court of Appeals heard arguments last week for and against the implementation of the Environmental Protection Agency’s Clean Power Plan. Arguments against the plan contend that it is “fundamentally transforming” the coal industry. However, some judges countered that the use of coal is already declining in the United States. While a decision is still pending, RFF’s Joshua Linn, Dallas Burtraw, and Kristen McCormack have investigated the Supreme Court’s decision to stay the rule, and concluded that all circumstances for the stay are not satisfied as “the Clean Power Plan does not meet the conditions for irreparable harm to the coal sector.” They find that there has been a decline in the coal industry since 2008, independent of the Clean Power Plan.
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