Title
Resolution Authorizing the City of Ann Arbor to be Listed as a Supporting Municipality in an Amicus Brief to be filed with the Court of Appeals for the District of Columbia Circuit in State of West Virginia, et al. v. United States Environmental Protection Agency, et al. (Case No. 15-1363 consolidated with other cases)
Staff
Prepared by: Mary Joan Fales, Senior Assistant City Attorney
Sponsored by: Mayor Taylor
Body
Whereas, In October 2015 the U.S. Environmental Protection Agency (EPA) issued its final action titled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units" (the "Clean Power Plan")
Whereas, EPA promulgation of the Clean Power Plan was challenged in the U.S. Court of Appeals for the District of Columbia Circuit by a coalition of 24 states, by three states that filed independently, and by various industry groups;
Whereas, The lawsuit [the cases were consolidated into one case in the Court] challenge the Clean Power Plan as an overextension of the EPA's authority under the Clean Air Act;
Whereas, Michigan Attorney General Schuette joined the lawsuit against the Clean Power Plan, even though Governor Snyder had directed the state to develop its own compliance plan with the plan to avoid the risk of having a federal decision imposed on Michigan;
Whereas, In November 2015, 18 states, a county and five cities filed a unopposed motion for leave to intervene in support of respondents EPA et. al. and EPA's final action promulgating the Clean Power Plan as a means to achieve the goal of preventing and mitigating climate change harms in their states and municipalities;
Whereas, On January 21, 2016, the Court, denied a request by the challengers to stay the plan pending final resolution of the case and on January 26, 2016 the request for a stay was made to the U. S. Supreme Court;
Whereas, On February 9, 2016, the U.S. Supreme Court issued a stay of the plan while it is unde...
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