Court Gives Biden New Opening To Pursue Strict Power Plant GHG Curbs

January 19, 2021
The appellate ruling vacating EPA’s Affordable Clean Energy Rule (ACE) rejects the agency’s claims that it cannot pursue beyond-the-fenceline greenhouse gas controls, giving the Biden administration a fresh opening to pursue strict power plant GHG curbs administratively or in cooperation with Congress, observers say. But along with such opportunities come legal risks for the Biden team, including a potential adverse reaction from a conservative Supreme Court, which is expected to be broadly skeptical of strict federal rules where there are...

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