“Power plant” by skochkarev is licensed under CC PDM 1.0
Boyden Gray & Associates represented the Competitive Enterprise Institute and other petitioners in a successful challenge to the Obama Administration’s Clean Power Plan, with special attention to the cost-benefit analysis that EPA had used to support the rule. After the Clean Power Plan was stayed by the Supreme Court, the firm’s arguments were reflected in EPA’s cost-benefit analysis of the proposed Affordable Clean Energy Rule that would replace the Clean Power Plan. The firm’s climate law expertise also extends to ongoing federal litigation over climate change.
- Reply Brief on Procedural and Record-Based Issues, West Virginia v. EPA, No. 15-1363+ (D.C. Cir. Apr. 15, 2016)
- Brief of Petitioners on Procedural and Record-Based Issues, West Virginia v. EPA, No. 15-1363+ (D.C. Cir. Feb. 19, 2016)
- Comments of the National Federation of Independent Business on EPA’s Clean Power Plan (Dec. 1, 2014)
- Brief of Amici Curiae Kansas et al., Utility Air Regulatory Group v. EPA, No. 12-1146+ (S. Ct. Dec. 16, 2013)
Commentary:
- GRAY: Update on Climate Change Litigation, Federalist Society Teleforum (Oct. 8, 2019)
- VARCOE: Déjà Vu All Over Again: Case Studies in Judicial Reluctance to Indulge Climate Change Regulation-by-Litigation, Washington Legal Foundation (Oct. 2018)
- VARCOE: N. District of California: Elected Branches of Government Are the Proper Channels for Addressing Climate Change, Federalist Society Blog, July 12, 2018
- VARCOE: Ninth Circuit Panel Punts U.S. Climate-Change Litigation Back to Trial Court—But for How Long?, Washington Legal Foundation, Apr. 20, 2018
- VARCOE: California Municipalities’ Climate-Change Litigation Against Energy Companies Takes a Surprising New Turn, Washington Legal Foundation Legal Pulse, Jan. 26, 2018
- GRAY: ExxonMobil Litigation Update, Federalist Society Teleforum (Jan. 11, 2018)
- VARCOE (moderator): Courthouse Steps: Juliana v. United States, Federalist Society Teleforum (Dec. 15, 2017)
- VARCOE: Does the Constitution Provide a Substantive Due-Process Right to a Stable Climate System?, Washington Legal Foundation, Oct. 6, 2017
- VARCOE: Will the Ninth Circuit Rein in What Might Be ‘the Most Important Lawsuit on the Planet’?, The Recorder, June 20, 2017
- GRAY & KAZMAN: It’s Judgment Day for the EPA’s Clean Power Plan, America, Fox News, Sept. 27, 2016
- GRAY: Obama’s Empty Promises, Go-It-Alone Policies Won’t Fight Climate Change, Washington Times, Oct. 29, 2014
- GRAY: A Cost-Benefit Analysis from EPA Lacking in Common Sense, Washington Times, July 29, 2014
- GRAY: Hearing Problem – EPA’s Misguided Climate Plan, Washington Times, Apr. 29, 2014
- GRAY: The EPA Must Finally Take ‘No’ For An Answer, Forbes, Mar. 13, 2014
- GRAY: EPA’s Misguided Approach Hurts Coal’s Promising Future, Washington Times, Oct. 22, 2013
- GRAY: Obama’s Climate Policy Undermines the U.S., Washington Times, June 25, 2013