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Wis. solicitor general argues emissions before D.C. Circuit

Solicitor General Misha Tseytlin took office Nov. 30 and, among other things, is representing the state of Wisconsin in some cases against the federal government. (Staff Photo by Kevin Harnack)

Solicitor General Misha Tseytlin (File Photo by Kevin Harnack)

Wisconsin’s solicitor general is arguing before the District of Columbia Circuit Court on Tuesday in a lawsuit challenging the enforcement of President Barack Obama’s plan to reduce greenhouse gas emissions.

The Clean Power Plan involves rules that reduce carbon dioxide emissions by about one-third by 2030 and limit emissions allowed from new coal-fired power plants.

In Tuesday’s arguments before the D.C. Circuit, Wisconsin Solicitor General Misha Tseytlin is arguing before the D.C. Circuit that the EPA should have based state goals on what is achievable in each state rather than regional and national averages, according to a news release. He is also contending that the goals are flawed because the EPA never showed they were achievable and because they don’t take into account realities of the electric grid.

Several states and trade groups, including Wisconsin, sued last year in the District of Columbia, contending that the rules illegally expand the EPA’s reach, giving the EPA the ability to set states’ energy policies, a role usually reserved for state regulators.

The U.S. Supreme Court in February granted a stay of the plan until the challenge was resolved.

About Erika Strebel, erika.strebel@wislawjournal.com

Erika Strebel is the law beat reporter for the Wisconsin Law Journal and a law school student at UW-Madison. She can be reached at 414-225-1825.

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