In a much anticipated move, the Trump Administration has proposed the Affordable Clean Energy (ACE) rule as a replacement for the Obama Administration Clean Power Plan (CPP). While the CPP was controversial from the start for it broad regulation of the power industry, the ACE rule will be controversial as it signifies a 180 degree
President Elect Trump has vowed to unwind regulations which he believes are dramatically constraining economic growth. The Obama Administration’s environmental regulations are specifically being targeted, including: the Clean Power Plan, the Waters of the U.S. Rule and ozone regulations. His transition web-page even touts that for every one new regulation enacted his Administration will remove
In a major upset, Donald Trump wins the Presidency last night. In less than twenty-four hours after the official concession by Secretary Clinton, people are scrambling to figure out what a Trump Presidency really means. Because he was purposefully silent on specifics during the General Election, many are left this morning "reading the tea leaves"
With the surprising and sad news over the weekend of Justice Scalia’s passing, many critical decisions before the Supreme Court suddenly got more interesting. This is certainly the case with the Clean Power Plan.
Last Week, in the first time in history the Court issued a stay of the effectiveness of the rule while the
Yesterday, the Supreme Court issued a stay of the Obama Administration’s Clean Power Plan (CPP) after the lower Court had denied to grant such relief. Currently, the legal challenge to the validity of the rule is pending before the D.C. Circuit Court of Appeals. The Supreme Court had never previously issued a stay of a
The Clean Power Plan and Waters of the U.S. Rule have dominated much of the discussion at the ABA’s Spring Meeting of the Section of the Environment, Energy and Resources (SEER) in Chicago. SEER is a gathering of nations prominent environmental and energy attorneys from both the private sector and government.
Waters of the U.S.
I was fortunate enough to be asked to participate in a radio interview with Jeff St. Clair, WKSU Radio, regarding the Clean Power Plan. It was an interesting discussion of the legal questions surrounding the plan as well as a broader discussion of the state of environmental regulation in the United States.
Here is an
On August 3rd, the Obama Administration and U.S. EPA released the much-anticipated final Clean Power Plan designed to curtail greenhouse gas emissions to combat climate change. The regulations promise to be the most comprehensive, complex and costly regulatory program ever launched without specific authorization from Congress.
How the Plan Works
The final plan calls