By: Mary-Christine (‘M.C.’) Sungaila
“EPA regulations created a system of emissions deduction by coal-fired power plants, requiring these facilities to reduce their own production of electricity or to subsidize increased generation by natural gas, wind, or solar sources. The Court, applying the major questions doctrine, addressed whether these regulations fell within the power granted by Congress to the Agency under the Clean Air Act. The major questions doctrine—rarely invoked explicitly by name before this—requires Congress to include clear specifics when authorizing major power to agencies through legislation.”
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