In Marathon Session, D.C. Circuit Judges Signal Skepticism Over ACE Rule

October 8, 2020
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit held a marathon oral argument of more than nine hours to hear from EPA and its critics on the merits of the Affordable Clean Energy (ACE) power plant greenhouse gas rule, with even the most conservative judge on the panel doubting the rule’s legality. “It may be that this approach is defensible, but I haven’t heard the defense,” Judge Justin Walker, a recent Trump appointee...


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