Th e smart money is on the Environmental Protection Agency to prevail as the D.C. Circuit Court reviews its landmark Clean Power Plan, according to experts. But it may not be due to the legal arguments alone. Energy lawyers reached by Utility Dive in the week after oral arguments on the carbon regulations largely agreed the EPA had a good day in court, and that the composition of the D.C. Circuit favors the agency. But they also pointed out that agency lawyers have a big task in proving EPA has authority to regulate “beyond the fenceline” of individual power plants. “Nothing that happened [in the hearing] really changed my opinion that it’s more likely than not the D.C. Circuit will uphold the rule — mainly based on the prior decisions the judges have made and the political affiliations of the judges,” Brian Potts, a partner at the law firm Perkins Coie LLP, told Utility Dive.
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