March 01, 2017 Feature

Part Two: The Clean Power Plan: Legal Challenges and Prospects

By Rob Brubaker and Eric Gallon

Having reviewed the major legal issues in the pending litigation over the Clean Power Plan (CPP) in Part One of this article (highlighting how important this litigation could be to the future direction of the Chevron doctrine),1 we now turn to the prospects for the rule after the 2016 elections. Below we survey a range of actions on the CPP that might be taken by the judicial, executive, and legislative branches. Significant developments are likely to occur before this article gets to readers. However, we expect the fundamental legal and policy concerns over de-carbonization of the U.S. electricity sector, launched into prominence by the CPP, to persist over multiple elections, and possibly multiple decades, into the future.

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