Critics Offer Procedural Claims If ESPS Overcomes 'Core' Legal Challenges

February 23, 2016
State and industry opponents are offering a host of “procedural” arguments that they hope will help kill EPA's greenhouse gas standards for existing power plants in the event the rule overcomes their “core” legal claims, including charges that the final rule violates administrative law because it is “radically” different than the proposed rule and that the agency has not shown its targets are “achievable.” Because of such defects, the regulation is “fatally flawed,” opponents say in their opening merits brief...


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