Michigan v. EPA
The Curious Case of EPA’s Mercury Cost-Benefit Decision
What, exactly, is EPA up to by changing the underlying analysis of the Mercury and Air Toxics Standard (known as the MATS rule), as it announced yesterday? Is it the first step in gutting the use of cost-benefit analysis to support strong environmental regulations? Is it a gift to Murray Energy in its lawsuit seeking …
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CONTINUE READINGUsing Scalia Against Trump
An anti-environmental opinion by Scalia could provide ammunition against Trump.
As environmentalists search for weapons to use against the Trump Administration, one place to turn could be an important opinion by Justice Scalia – one that many of us criticized sharply at the time. The case in question, Michigan v. EPA, involved mercury emissions from power plants, in which the Supreme Court instructed EPA to consider regulatory …
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CONTINUE READINGIndustry Will Try To Keep The Clean Power Plan From Taking Effect Pending Court Decision on Its Legality
Lobbyist Spin Has Begun
It’s no secret that the minute the Clean Power Plan is finalized (expected in the next couple of months), industry will sue to invalidate it. But before a court decides whether the Plan — which is designed to cut carbon emissions from the power sector by 30 percent — is legal under the Clean Air …
CONTINUE READINGMATS Rules Declared Invalid in Michigan v. EPA, 5-4
Opinion by Scalia Based on Meaning of “Appropriate”
The U.S. Supreme Court today struck down EPA’s rules governing toxic emissions from power plants. My first take on the opinion, by Justice Scalia, is that while the outcome is bad for the agency, the reasoning appears not to be a radical departure from existing doctrine, with one worrisome tidbit thrown in. Justice Scalia used …
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CONTINUE READINGWill Obama Get a Fourth Major Victory Tomorrow in Michigan v. EPA?
Decision Expected Tomorrow, Written by Someone Other than Scalia
Though the monumental decisions on health care and marriage equality are behind us, tomorrow remains another big day in the Supreme Court. Three cases remain undecided: Glossip v. Gross (whether Oklahoma’s execution methods are unconstitutional); Arizona State Legislature v. Arizona Independent Redistricting Commission (whether a state commission can draw Congressional electoral lines) and Michigan v. …
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CONTINUE READINGWhat’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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