The Clean Power Plan

West Virginia v. EPA


Wisconsin joined West Virginia and 24 other States in challenging the EPA's Clean Power Plan, which utilizes portions of the Clean Air Act to compel States to shift their sources of electricity from coal fired power plants to natural gas power plants and renewable sources of energy.  The States argue, among other things, that the Plan exceeds EPA's authority under the Clean Air Act, and that such generation-shifting may only be accomplished through an act of Congress.  The States sought and received a historic stay of the Plan from the United States Supreme Court, pending review by the D.C. Circuit.


For access to the many filings in this case, visit


Status: The case before the D.C. Circuit has been held in abeyance pending federal review of the Plan.

Litigation Closed: