D.C. Circuit Faults EPA For ‘Misconstruction’ Of 111(d) Power In ACE Rule

January 19, 2021
The divided appellate court panel that vacated the Trump EPA’s Affordable Clean Energy (ACE) rule says the exiting administration relied on a “fundamental misconstruction” of its Clean Air Act authority when it scrapped the Obama-era Clean Power Plan (CPP) climate rule and replaced it with the narrower ACE policy. However, a dissenting judge is floating arguments that could invite conservative justices on the Supreme Court to review the ruling as a way to limit courts’ deference to agencies or curb...

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