CEO DATELINE—Clean coal group aims ads at judges
CEO DATELINE—Clean coal group aims ads at judges
- September 26, 2016 |
- WILLIAM EHART
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The $19 million-revenue American Coalition for Clean Coal Electricity has launched a radio ad campaign targeted to federal judges, Politico reported Monday.
The move comes as the industry squares off with the Obama administration for a legal battle on climate-change policy.
ACCCE has run the ads for a few weeks, focusing on tomorrow's oral arguments before the D.C. Circuit Court of Appeals, Politico reported.
"On September 27th the D.C. Circuit Court of Appeals has an important decision to make on EPA's Power Plan. It's a decision that affects every American's ability to have affordable energy and jeopardizes every state's ability to make their own energy policies and it will be a clear violation of the 10th Amendment to the Constitution," Politico quoted one of the ads as saying. "It is our duty to uphold the Constitution and say no to EPA's Power Plan."
The ads walk a fine line, as legal ethics rules prohibit lawyers in a case from communicating with judges out of court, Politico reported. The publication quoted an ethics lawyer who said the ads are likely protected by the First Amendment, but carry risks.
"The trade group is engaging in free speech. But it risks annoying the judges," Stephen Gillers, a law professor at New York University, told Politico. "Assuming that risk is unwise because the judges won't be influenced. I bet the industry's lawyers are themselves chagrined by the campaign. The judges are expected to ignore what they may hear just as they are expected to ignore, [such as] an editorial, and decide based only on the record."
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