by John Siciliano
Federal judges gave the Environmental Protection Agency a win on Monday, by rejecting a conservative group’s request that they consider evidence showing how “green” groups colluded with the agency in developing the administration’s landmark climate rules for power plants.
The Energy and Environment Law Institute, or E&E Legal, said Monday it was “extremely disappointed” that the D.C. Circuit Court of Appeals refused to include its evidence that collusion took place as part of a lawsuit opposing the Clean Power Plan, the centerpiece of the Obama administration’s climate change agenda…
The group argued in its brief to the court that the climate rule “is invalid because undisclosed ex parte communications with environmental groups formed the basis of agency action.” It says EPA did not include the communications in its public docket for the rule, although the final Clean Power Plan was “carefully calibrated to shut down existing coal power plants” in line with the policy positions of the groups it had discussions with, the brief read.