cross-state pollution rule

Justice Scalia’s Puzzling Dissent

Justice Scalia’s dissent in EME Homer contains a number of unusual lapses in substance and tone.

As I’ve been studying the opinions in EME Homer,  I’m increasingly struck by the oddities of Justice Scalia’s dissent.  There was a flap last week about his blunder, later quietly corrected, in describing one of his own past opinions.  But that’s not the only peculiarity of the dissent. As a quick reminder, EME Homer involved EPA’s effort to deal with interstate …