Appeals court tosses suits challenging climate change plan
Source: AP
By SAM HANANEL
WASHINGTON (AP) A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.
The ruling from the U.S. Court of Appeals for the District of Columbia Circuit is a temporary setback to opponents of the plan who are expected to renew their legal attack once the regulation is finalized later this year.
The lawsuits from a coalition of 15 states and the nation's largest privately-held coal mining company claim the EPA exceeded its authority last year when it proposed the far-reaching plan to curb pollution from the nation's existing coal-fired power plants.
Opponents had argued that even though the rule is not yet final, they are already facing steep costs to get ready for it. But the appeals court said that has never before been a justification for a court to examine a proposed rule that could still be changed before it becomes a final regulation.
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