Trump energy policy

The Legal Barricades Protecting State Climate Policy

The general legal landscape favors state regulatory efforts.

The upshot is that it will be very challenging for the Feds to overturn state emissions regulations of power plants and other facilities.  The statutory and doctrinal landscape are favorable for states playing defense, and the Supreme Court seems if anything more favorable to the states than the national government. Of course, these general observations leave plenty of room for litigation over the fine points, and the Feds could win some cases. But the states start the contest with an advantage.

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