"Once again the judiciary stops Obama’s runaway regulatory state."
Legal Insurrection "Yet another Obama administration initiative was halted by the U.S. Supreme Court this week. The Clean Power Plan (CPP) was a far-reaching effort by the Environmental Protection Agency (EPA) to control greenhouse gas emissions from coal-fired power plants under the Clean Air Act (CAA). If implemented, the CPP would have closed hundreds of coal-fired plants across the country and increased the production of wind and solar power, which are significantly more expensive to produce.
"The CPP was challenged in court by energy companies, industry groups, and a coalition of 29 states, led by West Virginia. The litigants filed multiple applications for a stay, which would block the CPP from being implemented while the case proceeded.
. . .
"In a follow-up article at the Post, Adler described the legal challenges as attacking the EPA not just for improperly exercising their legal authority, but as arguing that the EPA lacked any authority to impose the CPP in the first place:
It is not only the most ambitious climate-related initiative undertaken by the EPA, but it also relies upon unprecedented assertions of legal authority. And, to be clear, by “unprecedented” I mean just that — without precedent. This is not the same thing as saying that a specific argument or action is unlawful or wrong, only that it raises new legal questions that courts have not had cause to answer before.
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