Law360 Details Fight Against Clean Power Plan, Includes Shook

In a February 23 article titled “200+ In Congress Support Suit To Stop Clean Power Plan,” Law360 covers the mounting opposition to the Environmental Protection Agency’s Clean Power Plan and its efforts to reduce carbon dioxide emissions from existing power plants. The article includes Shook, Hardy & Bacon Partner and Chair of the firm’s Energy Law practice Tristan Duncan and her representation of Peabody Energy Corporation, the nation’s largest coal company. 
In total, 171 U.S. representatives and 34 senators joined forces to submit an amicus brief; a group of former public utility commissioners submitted a brief as well. These briefs support the efforts of several states and intervenors - including Peabody Energy – making the case that the plan goes beyond the authority of the EPA and would cause significant harm to the U.S. economy. 
Duncan, Harvard Law professor Laurence Tribe and Jonathan Massey of Massey & Gail LLP lead Peabody Energy’s challenge to the Clean Power Plan. 
These are the latest developments in an ongoing challenge to the Clean Power Plan by Peabody Energy. On February 9, the U.S. Supreme Court granted Peabody Energy’s request to stop implementation of the plan pending judicial review
Shook Associate Justin Smith also represents Peabody in its EPA appeal.
The case, West Virginia et al. v. EPA, is in the U.S. Court of Appeals for the District of Columbia Circuit.