EPA v. EME Homer

Richard Lazarus Formally Notified the Supreme Court of Scalia’s Error

Letter Led to Change in Dissenting Opinion

Who knew that the U.S. Supreme Court has a formal process for notifying it about errors in Court opinions? Richard Lazarus, the Howard and Katherine Aibel Professor of Law at Harvard and Supreme Court expert extraordinaire, that’s who.  Turns out that after he discovered Justice Scalia’s error about Whitman v. American Trucking (see my earlier post of …

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Breaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules

Huge victory for EPA in regulating air pollution that crosses state lines

The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA.   Both cases …

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