By a 5–4 vote, the Supreme Court recently stayed implementation of the Environmental Protection Agency’s (EPA) Clean Power Plan, a set of regulations that would have required the states to come up with plans designed to drastically reduce the use of coal as a source of energy for electric power generation.
Since first proposed in the summer of 2014, many and perhaps most lawyers looking at the issue have concluded that the Clean Power Plan would likely never survive judicial review on the substantive question of whether it was a reasonable interpretation of an ancient and seldom‐used provision of the Clean Air Act (Section 111(d)).
Citation
Jason S. Johnston, The EPA’s Regulatory Terrorism, Washington Times (February 24, 2016).