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Environmental

Jul. 11, 2016

Climate plan review looms

To defend the Clean Power Plan successfully, the EPA will need to persuade the D.C. Circuit— and probably the Supreme Court — to give it flexibility in its attempts to combat climate change. By Daniel Farber

By Daniel Farber

The Obama administration's most important effort to address climate change, the Clean Power Plan (CPP), comes before the U.S. Court of Appeals for the D.C. Circuit this fall and will almost inevitably go from there to the Supreme Court. If the CPP survives, much of the credit will go to the precedent set by a 2014 case, EPA v. EME Homer City Generator L.P. That case offers a roadmap of how to successfully defend a bold, ...

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