Law360, New York (September 29, 2015, 10:15 AM EDT) -- In part one of this article series, I addressed the first two of the four main legal challenges to the U.S. Environmental Protection Agency's Clean Power Plan, namely the validity of the Section 111(b) rules regulating carbon emissions from new sources, which are the predicate for the Section 111(d) rules for existing sources; and the conflicting versions of the 1990 amendments to the Clean Air Act, which raises questions about whether the EPA has the authority under Section 111(d) to promulgate the Clean Power Plan at all.
No Elephants Hiding in Mouseholes
Another favorite argument of Clean Power Plan opponents is that the...
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