Biden power plant rule

The Biden Power Plant Rule and the Major Question Doctrine

The new rule has hardly any of the features that caused the Supreme Court to strike down the Obama rule.

We’ve already started to hear claims that the Biden power plant rule falls under the major question doctrine, which the Supreme Court used to strike down Obama’s Clean Power Plan. Are those claims plausible? Consider the aspects of the Clean Power Plan that the Supreme Court found objectionable. I’ve identified eight factors that the Court …

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