The Obama administration is expected to face a lawsuit by industry groups and states challenging its new rules aimed at cutting power-plant emissions.
The lawsuit against the Environmental Protection Agency is expected to be filed in a matter of weeks,
The Wall Street Journal is reporting, adding that it is new territory for the courts.
The new regulations were issued last week by the federal agency as part of the Clean Air Act, under a section of the law that is seldom used.
At issue is a section written in 1990, when the 1963 law was updated by Congress, but it includes language that has different wording from both the House and Senate amendments that are important to the enactment of the EPA rules. The courts must make their decision based on this section.
The industry groups and states also want the courts to determine whether or not the EPA has abused its power by mandating the utility companies to have to adopt cleaner forms of energy as opposed to pollution controls.
Obama unveiled the final version of America's Clean Power Plan on Aug. 3, which will require power plants to reduce carbon dioxide emissions 32 percent from 2005 levels by 2030.
Those who oppose the plan have said they are planning a
three-pronged attack, which will include using legal, legislative and bureaucratic means as part of an effort to keep the EPA rules from going into effect.
While some states oppose the rules, Massachusetts and New York are leading a group of states that support them.
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