Court Sees 'Morass' In Ruling On Proposed ESPS But Tees Up Tough Queries

A three-judge appellate court panel appears unlikely to accept arguments from state and industry critics that EPA's proposed rule to cut greenhouse gas (GHG) emissions from the existing power sector is so patently unlawful that it merits an exceptional ruling blocking the agency from finalizing it, warning that such a holding would create a “morass” of challenges to other proposed regulations. But during two-plus hours of oral arguments April 16 , the judges also teed up a series of substantive...