Critics Eye ‘Major Questions’ Challenge To EPA’s CSAPR Expansion Plan

Mining and power sector groups are signaling they will raise arguments under the “major questions” doctrine to challenge EPA’s proposed expansion of the Cross-State Air Pollution Rule (CSAPR), as the Supreme Court’s conservative majority has elevated the doctrine to boost scrutiny of significant regulations. However, the high court’s just-issued endorsement of the doctrine to fault the Obama EPA’s approach to regulating greenhouse gases from power plants might not provide the boost that CSAPR critics hope, given key differences in the...