Tag Archives: Clean Power Plan

Initial Thoughts on Supreme Court Stay of Clean Power Plan

by Chris Walker — Tuesday, Feb. 9, 2016@chris_j_walker

Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here  is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at […]

What King v. Burwell Means For Environmental Law

by Bruce Huber — Friday, June 26, 2015

Ok, I confess that the title to this post is a bit grandiose. At a minimum, we’ll have much more material on which to base our prognostications about the legality of the Clean Power Plan after Michigan v. EPA is decided on Friday or Monday. But I can’t resist accepting Chris Walker’s invitation to think for just […]

Tales of Changing Technology and Jurisdiction from the FTC, FCC, and EPA

by Gus Hurwitz — Saturday, Jan. 3, 2015

Last month Professor Tribe filed comments with the EPA and wrote in the Wall Street Journal to argue that the EPA’s new Clean Power Plan rules are unconstitutional. I would like to expand upon and generalize his concerns. The basic issue – that the agency is asserting newfound and broad regulatory power based on general […]

FERC and EPA: Better Together?

by Bruce Huber — Wednesday, Dec. 24, 2014

I’m exploring a few issues in energy regulation that are likely to attract the attention of the 114th United States Congress. My previous post discussed the Nuclear Regulatory Commission’s regulation of high-level nuclear waste management; in this post, I want to take a look at the relationship between FERC and EPA and how some recent regulatory […]