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Expert Analysis

The Clean Power Plan Will Survive: Part 1

Law360, New York ( September 28, 2015, 11:37 AM EDT) -- Opponents of the U.S. Environmental Protection Agency's Clean Power Plan, including a large number of states and their allies in the coal industry, have been chomping at the bit to get to court and kill it in the cradle. First, they launched an unprecedented preemptive strike in the middle of the rulemaking process, arguing the EPA was wasting everyone's time because it had no statutory authority to regulate carbon from power plants in the first place. The D.C. Circuit rebuffed that tactic with the terse conclusion: "We do not have authority to review proposed agency rules."[1]...

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