A Constitutional Challenge To EPA's 'Clean Power Plan'

Law360, New York (October 27, 2014, 2:42 PM EDT) -- In recent months, state officials have complained that the U.S. Environmental Protection Agency's proposed Clean Air Act Section 111(d) rule compels states to reduce greenhouse gas emissions by regulating functions not under the EPA’s authority.

In their Sept. 9 letter to President Obama, 15 governors criticized the EPA for “coerc[ing] states to adopt compliance measures that would not reduce emissions at the entities the agency has set out to regulate.”[1] State commentators have lodged similar protests in filed comments to the EPA, asserting that the rule requires states to assume accountability for enforcement beyond the bounds of the CAA, and thus...

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