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legal challenges

Legal Debate on EPA's Power Plan Takes Center Stage

April 1, 2015 by James Coleman
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EPA Regulation and Legal Debate

For the past two weeks, the United States Environmental Protection Agency’s “Clean Power Plan” for power sector carbon emissions has been the center of an ongoing debate between some of the nation’s foremost constitutional and environmental law scholars.[read more]

Energy Quote of the Day: 'A Novel Legal Strategy,' Albeit Unconstitutional

November 16, 2014 by Jared Anderson

Shell Legal Strategy

Shell employed an interesting legal tactic when it preemptively sued several environmental and activist groups in order to head off potential legal challenges to the company’s controversial Alaskan exploratory drilling program. The U.S. 9th Circuit Court of Appeals ruled Shell’s approach unconstitutional.[read more]

Will the EPA's New Carbon Rule Survive Judicial Challenge?

July 16, 2014 by Edward Dodge
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Carbon Rules and Court Challenges

The Environmental Protection Agency (EPA) recently proposed new carbon emission standards for fossil fuel power plants under the Clean Air Act (CAA). The rules for new-build power plants fall under Section 111(b) and are known as the New Source Performance Standards (NSPS).[read more]

EPA’s Clever Legal Trick Could Save Its Clean Power Plan

June 24, 2014 by Brian H. Potts
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The EPA did something very unusual when it released its Clean Power Plan earlier this month. The agency also released a 104 page legal memorandum arguing that its plan to regulate greenhouse gas emissions from existing power plants is legal under the Clean Air Act.[read more]

EPA's New Power Sector Climate Rules: A Brewing Political and Legal Storm

June 4, 2014 by James Coleman
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The United States Environmental Protection Agency (EPA) proposed requiring all fifty states to adopt greenhouse gas controls for their existing power plants. And the EPA went further, proposing that, together, states would have to cut U.S. power sector emissions by 30% by 2030.[read more]