On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired power plants under the Clean Air Act.
Various theories abound that the court could depend on to support its decision, which could have significant reverberating impacts. Among the possibilities, from the most earth-shattering to the least are: (1) the non-delegation doctrine; (2) the major question doctrine; (3) statutory …
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