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Initial Thoughts on the Supreme Court Staying the Clean Power Plan

Short Answer: There’s Nothing Good to Say About it

The U.S. Supreme Court, in a 5-4 half-page order, dealt the Obama Administration a big blow today by preventing its Clean Power Plan from going into effect until the case can be heard on its merits.  We know from the order that the Court split in the usual way, with the four more liberal members of the Court …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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