North American Coal obtains stay of Clean Power Plan by U.S. Supreme Court

Client(s) NACCO Industries, Inc.

Jones Day helped obtain a stay of the Clean Power Plan by the U.S. Supreme Court on behalf of The North American Coal Corporation ("NACCO"). The Clean Power Plan is the EPA rule to regulate carbon dioxide emissions from existing electric generating units. Without the stay, states and utilities would have been required to make initial filings later this year describing their efforts to implement the Clean Power Plan. Following the Supreme Court stay, Jones Day worked with counsel for other petitioners to file joint briefs with the U.S. Court of Appeals for the D.C. Circuit arguing that the rule is invalid. Among other arguments, the briefs assert that mine mouth electric generating units have unique circumstances that warrant different treatment in a subcategory. The court heard oral arguments on September 27, 2016.