Utility Air Regulatory Group v. EPA

Justice Roberts Relied on Utility Air Regulatory Group in Upholding Obama Subsidies

The Chief Uses Scalia’s Words Against Him and I Can’t Resist Saying “I Told You So”

Today’s opinion in King v. Burwell  is a victory for common sense, not to mention for the millions of people who get subsidies under the Affordable Care Act to pay for health insurance.  In determining that the subsidies for health insurance extend not only to states that established their own exchanges but also to individuals served …

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Guest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended

A Reply to Megan Herzog

In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist …

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A Response to John Nagle: The Clean Air Act as a Whole Supports Climate Regulation

Debating the Relationship between the Healthcare Fight and Climate Regulation

Last week, conflicting federal court decisions regarding the Patient Protection and Affordable Care Act, commonly known as the ACA or “Obamacare,” set the nation abuzz. In Halbig v. Burwell, the D.C. Circuit Court of Appeals struck down an Internal Revenue Service (IRS) regulation providing federal subsidies to low-income taxpayers who purchase health insurance through a …

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Does Scalia’s Opinion in Utility Air Regulatory Group v. EPA Help Protect the ACA?

The UARG majority opinion says the context and overall structure of a statute help determine the meaning of statutory terms

The tax subsidies provided under the Affordable Care Act to pay for health insurance are, of course, the subject of significant press coverage since dueling federal appeals courts came to different conclusions about who receives them this week.   The D.C. Circuit Court of Appeals held, in a 2-1 decision called Harbig v. Burwell, that an …

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Breaking News: U.S. Supreme Court Renders Split Decision in Major Climate Change Case

The U.S. Supreme Court today issued its long-awaited decision in Utility Air Regulatory Group v. Environmental Protection Agency, the justices’ third encounter with climate change law and policy.  In a Solomonic ruling, the Court ruled that EPA lacks authority to require the operators of “stationary sources” of greenhouse gas emissions (power plants, factories, etc.) to obtain …

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Breaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules

Huge victory for EPA in regulating air pollution that crosses state lines

The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA.   Both cases …

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Previewing Next Week’s Climate Change Arguments in the U.S. Supreme Court

Big Stakes and Big Players in This Year’s Biggest Environmental Case

On Monday, the Supreme Court will hear oral arguments in the biggest environmental law case of its current Term, Utility Air Regulatory Group v. EPA. Legal Planet colleagues Ann Carlson and Dan Farber have already posted their thoughts on the case. Let me add mine. Utility Air Regulatory Group involves EPA’s authority to regulate stationary …

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What Are the Possible Outcomes in U.S. Supreme Court Greenhouse Gas Case?

Court likely to rule in favor of EPA

Next Monday, the U.S. Supreme Court will hear oral arguments in Utility Air Regulatory Group (UTAG) v. EPA.  I’ve previously described what is at stake in the case here and here and, in the interest of full disclosure, helped author a brief in support of EPA’s position.   The oral arguments might begin to reveal how …

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