Clean Power Plan Finally Has Its Day In Court — Now What?

Law360, New York (October 1, 2016, 5:35 PM EDT) -- Nearly a year after the U.S. Environmental Protection Agency's Clean Power Plan was published in the Federal Register, its numerous state and industry challengers finally had their chance to present their arguments in court in West Virginia v. EPA. They did so on Sept. 27, 2016, before a nearly full D.C. Circuit, a packed courtroom and several overflow rooms. The 10 judges (minus the recused Chief Judge Merrick Garland) were well prepared, the litigants in top form, and the arguments fascinating but exhausting, going beyond seven hours with only a brief lunch break. As the smoke begins to clear, this observer now ponders what actually happened and what may be yet to come....

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