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Goodbye Mercury Rule, Hello Clean Power Plan?

By Brian Potts and Abigail BarnesThe Environmental Protection Agency (EPA) suffered a major setback on Monday after the U.S. Supreme Court doled out its ruling in Michigan v. EPA. In a 5-4 decision—penned by the always jocular Justice Antonin Scalia...

Posted July 7, 2015    

The EPA's Clean Power Plan 'Victory' Isn't The Slam Dunk It Seems To Be

The Environmental Protection Agency is probably feeling pretty good about itself after its big climate “win” in federal court on Tuesday. A three-judge, conservative-leaning panel of the D.C. Circuit Court of Appeals dismissed various state and...

Posted June 12, 2015    

The EPA's Mercury Rule Will Cost The Economy At Least $16 Billion Per Year

The Environmental Protection Agency says its new Mercury and Air Toxics Standard—the legality of which is before the U.S. Supreme Court this term—will produce $24 to $80 billion in net economic benefits to U.S. citizens by improving their health. To...

Posted April 6, 2015    

Republican States: Think Twice Before Rejecting the EPA's Clean Power Plan

Republican state governors and legislators will be raising your electric rates soon, according to a recent economic study commissioned by the National Mining Association and various other industry groups. But only if they refuse to implement the...

Posted February 6, 2015    

The Supreme Court's Hidden Climate Agenda

Will the Supreme Court sacrifice EPA’s mercury regulations for the sake of the climate? By Brian H. Potts and David R. ZoppoIf you had to decide which air pollutant to regulate from the nation’s fleet of existing power plants: mercury - a toxic...

Posted December 29, 2014    

EPA’s Clever Legal Trick Could Save Its Clean Power Plan

The EPA did something very unusual when it released its Clean Power Plan earlier this month. The agency also released a 104 page legal memorandum arguing that its plan to regulate greenhouse gas emissions from existing power plants is legal under...

Posted June 24, 2014    

The Supreme Court's Air Pollution Decision Is Wrong, But Don't Blame The Court

The Obama administration’s war on coal scored a big win in the U.S. Supreme Court on Tuesday.  Six of the Court’s nine justices (including conservatives John Roberts and Anthony Kennedy) went out of their way to uphold the U.S. Environmental...

Posted May 2, 2014    

The EPA Doesn't Have The Legal Authority To Adopt Its New Power Plant Climate Rules

Last March, a young Federal law clerk in Washington, D.C. named William J. Haun wrote a paper for the conservative leaning Federalist Society.  In it he argued that the U.S. Environmental Protection Agency can’t adopt its planned climate rule...

Posted March 26, 2014