West Virginia v EPA – Upending Administrative Law

Deck: 

The Congressional Review Act

Fortnightly Magazine - September 2022
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Report - Grid Investment for Medium & Heavy Duty EVs

The Supreme Court recently issued an opinion holding as unlawful an Obama-era EPA rule (which never went into effect) regarding carbon dioxide emissions from coal plants. Under that EPA rule, "to implement the needed shift in generation to cleaner sources, an operator could reduce the regulated plant's own production of electricity, build or invest in a new or existing natural gas plant, wind farm, or solar installation, or purchase emission allowances or credits as part of a cap-and-trade regime."

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