Landmark case kicks off today in Court of Appeals for the District of Columbia, with opponents and supporters of the pioneering legislation set to make their case
All the attention in US politics may be on the fallout from last night's Presidential debate, but in energy and climate circles today could see some similarly dramatic developments.
A high profile court battle is due to begin later today to decide the fate of the Clean Power Plan, the centrepiece of President Obama's carbon reduction strategy.
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Federal judges in the Court of Appeals for the District of Columbia will hear oral arguments over whether the landmark piece of legislation should be overturned, from both supporters and opponents of the landmark policy.
The hearings will mark the start of what is set to be a lengthy court battle that most believe will not be settled until it is heard by the Supreme Court, the US' highest judicial authority.
The Clean Power Plan requires all US states to cut emissions from their power plants by 32 per cent by 2030.
Under the rules, each state will have to come forward with a tailored plan for meeting the new power sector emission reduction targets, or have a plan imposed upon them by the EPA.
Opponents to the legislation argue it is unconstitutional to mandate state emission cuts in this way, but the Obama administration insists the policy complies with both the US Constitution and the law set out under the Clean Air Act.
In February the Supreme Court ruled that the implementation of the Clean Power Plan should be halted while the legal challenges were heard.
Some states have continued to work on their plans in an attempt to step up investment in low carbon infrastructure. However, others remain adamant that they will use every legal avenue to resist the rules.
Now, in the first stage of the legal battle, the case will be heard by nearly all the Circuit Court judges - although Chief Circuit Court Judge Merrick Garland will not attend the case due to his status as Obama's Supreme Court Justice Nominee.
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