Murray Energy

Converting a power plant from coal to natural gas triggers a host of environmental challenges and regulatory issues. Operators could be trading one set of regulatory obligations, liabilities, and costs for another, equally problematic, set of liabilities and costs.

Justice Scalia saw the need for tailoring as proof that EPA’s Triggering Rule was mistaken.

The Supreme Court questions federal agency authority over greenhouse gas emissions in the recent case of Utility Air Regulatory Group v. EPA.