Clean Power Plan

What’s at Stake in Michigan v. EPA, the U.S. Supreme Court Hazardous Air Pollutant Case?

Decision expected in next few days

Although  King v. Burwell (the Affordable Care Act case) and Obergefell v. Hodges (the same sex marriage case) are garnering more attention, sometime between tomorrow and Monday  the Supreme Court will also hand down its decision in Michigan v. EPA.  In the Michigan case, the Court will decide whether EPA’s Clean Air Act rules to regulate hazardous air pollutants …

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The Next Six Months

A half-dozen crucial developments will shape environmental policy for years to come.

The next six months will be unusually important in environmental law.  There are six key areas to keep an eye on: 1.  The Paris climate talks.  The world’s governments meet every year in December as part of continuing negotiations on climate issues.  This year’s meeting will be the most critical since Copenhagen, six years ago.  The …

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Breaking News: D.C. Circuit Dismisses Challenge to Clean Power Plan on Procedural Grounds

But More Challenges Will Follow

The D.C. Circuit Court of Appeals has dismissed the first challenge to EPA’s proposed Clean Air Act Section 111d rule to reduce greenhouse gas emissions from power plants (known as the Clean Power Plan) on the grounds that the rule is only a proposed rule, not a final one.  The court’s opinion can be found …

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Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

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The Case Against Sulking

States will only lose out if they refuse to cooperate with the Clean Power Plan.

Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court.  He has been accused of inciting lawless behavior on the part of state governments.  Let me come to his defense on this.  (How often do I get to do that??) The states are under no legal obligation …

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Larry Tribe Smacked Down by Professors Revesz, Freeman and Lazarus

Argument that Clean Power Plant an “Unconstitutional Power Grab” Ridiculed

Famed constitutional law professor Lawrence Tribe is serving red meat to opponents of  climate change regulation.  Not only is he  representing Peabody Coal in a pending court challenge to the Environmental Protection Agency’s Clean Power Plan, but this week he testified before the House Energy and Commerce Committee  that EPA, in adopting the plan, is …

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Is EPA Delaying Clean Power Plan Rule to Modify the Proposed Rule for New Power Plants?

EPA announced this week that it will delay issuing both its final Clean Power Plan for greenhouse gases emitted from existing power plants as well as proposed rules for new coal and natural gas fired plants.  The agency said it needs the extra time to respond to the 4 million comments it received and to …

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