Whitman v. American Trucking

Dan Farber Highlights Scalia Error in Homer Dissent, Dissent Gets Corrected

Legal Planet post noted error yesterday

Yesterday Dan pointed out that Justice Scalia had made a “cringeworthy” error in his dissenting opinion in EPA v. Homer.  Scalia argued — in support of his claim that EPA’s interpretation of the provision of the Clean Air Act that governs cross-state air pollution was inconsistent with the plain language of the statute — that EPA …

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