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Expert Analysis

The Legal Theory Behind The Clean Power Plan's Repeal

By Jane Montgomery and Amy Antoniolli (October 17, 2017, 11:55 AM EDT) -- U.S. Environmental Protection Agency administrator Scott Pruitt declared "the war against coal is over" in his announcement last week that the EPA will move to repeal the Clean Power Plan (CPP). In a lengthy proposal that was first leaked and then updated and signed October 10, the EPA proposes to repeal the CPP, a controversial regulation designed to cut carbon dioxide emissions from existing fossil fuel-fired power plants. In support of the proposal, the EPA describes the Obama-era EPA's interpretation of the Clean Air Act as unlawful....

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