Search for: "Americans for Clean Energy v. EPA"
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21 Dec 2022, 9:36 am
In the West Virginia litigation itself, the Trump Administration’s Environmental Protection Agency (EPA), in its repeal of the Clean Power Plan (CPP) through its replacement with the Affordable Clean Energy (ACE) Rule, argued that the CPP was unlawful, in part, because it “must be supported by a clear statement from Congress. [read post]
17 Nov 2022, 9:05 pm
Reiter suggested that these credits, if used in conjunction with existing policies such as the Tribal Energy Loan Guarantee Program, provide a pathway for tribes to participate in and receive the economic benefits of the clean energy transition. [read post]
14 Nov 2022, 4:00 am
EPA seems to be a case of improper line drawing, rather than an incorrect set of starting premises. [read post]
8 Nov 2022, 4:00 am
This authorization would mean that the EPA could “substantially restructure the American energy market” (West Virginia, at 20). [read post]
6 Oct 2022, 9:05 pm
In a Center for American Progress report, senior fellow Mark Haggerty and senior director Nicole Gentile argued that, following a nationwide transition to clean energy, the U.S. [read post]
24 Aug 2022, 3:41 pm
If, for example, the EPA responds to WVa v. [read post]
17 Aug 2022, 5:00 am
The divided vote, which broke down on partisan lines, stands in stark contrast to recent bipartisan efforts on Capitol Hill, particularly on the comprehensive American Data Privacy and Protection Act (ADPPA). [read post]
8 Aug 2022, 9:03 pm
” In its 2000 opinion in FDA v. [read post]
28 Jul 2022, 9:05 pm
Bureau of Land Management (BLM) prioritizes oil and gas development on public lands, jeopardizing the clean energy transition. [read post]
15 Jul 2022, 6:33 am
The failure to invoke Chevron deference in a string of recent cases—including West Virginia, American Hospital Association v. [read post]
12 Jul 2022, 7:34 am
Under EPA’s view of the statute, Roberts says, “Congress implicitly tasked it, and it alone, with balancing the many vital considerations of national policy implicated in deciding how Americans will get their energy. [read post]
11 Jul 2022, 9:08 pm
” The majority holds that because EPA’s rules attempted to “substantially restructure the American energy market,” the case falls under the major questions doctrine. [read post]
11 Jul 2022, 7:13 am
Under EPA’s view of the statute, Roberts says, “Congress implicitly tasked it, and it alone, with balancing the many vital considerations of national policy implicated in deciding how Americans will get their energy. [read post]
7 Jul 2022, 6:52 am
The Court ruled that by arguing that Section 111(d) of the Clean Air Act “empowers it to substantially restructure the American energy market,” the EPA found “newfound power” in the “vague language” of a provision that was designed to function as a gap filler and had rarely been used in preceding decades. [read post]
6 Jul 2022, 7:11 am
That’s where it sat until 2019, when the Trump administration outright rescinded it and replaced it with the more lenient Affordable Clean Energy (“ACE”) Rule. [read post]
5 Jul 2022, 10:47 pm
In arguing that Section 111(d) empowers it to substantially restructure the American energy market, EPA "claim[ed] to discover in a long-extant statute an unheralded power" representing a "transformative expansion in [its] regulatory authority. [read post]
5 Jul 2022, 8:24 am
Was Woodrow Wilson at all relevant to the major questions doctrine, or the Clean Air Act. [read post]
5 Jul 2022, 5:57 am
In FDA v. [read post]
4 Jul 2022, 9:05 pm
EPA All this set the stage for West Virginia v. [read post]
3 Jul 2022, 7:15 am
EPA, the Supreme Court held that the emission limits adopted by the Environmental Protection Agency (EPA) in the Clean Power Plan exceeded the agency’s authority, because the Clean Air Act did not clearly authorize the agency to “restructure the American energy market. [read post]