We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

The Clean Power Plan Will Survive: Part 2

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS