acid rain

Constitutional Controversy

Can EPA’s Clean Power Plan Pass Muster?

The Clean Power Plan’s fate may hinge on whether the federal government is seen as usurping states’ rights under the Fifth and Tenth Amendments. Harvard’s Law School professors debate the issue.

Triggering & Tailoring

What the Supreme Court said, and didn’t.

Justice Scalia saw the need for tailoring as proof that EPA’s Triggering Rule was mistaken.

The Politics of Carbon

Supreme Court may ultimately clarify EPA’s authority under Clean Power Plan.

The Supreme Court questions federal agency authority over greenhouse gas emissions in the recent case of Utility Air Regulatory Group v. EPA.