Critics Say Court Order Shows ESPS Is Unprecedented, Merits Close Scrutiny

Top opponents of EPA's greenhouse gas rule for existing power plants say that an appellate court's rare move to hear consolidated litigation by the full en banc court, rather than a three-judge panel, underscores their argument that the rule is “unprecedented” and thus should be subject to stricter court scrutiny. “I think it demonstrates the judges know this is an absolutely unprecedented action by the EPA,” West Virginia Attorney General Patrick Morrisey (R) said during a May 23 event at...