The Emperor’s New Endangerment Theory (Part III)
Legal Planet: Environmental Law and Policy 2025-06-26
Summary:
There is a very good chance that a court would strike down a EPA’s current finding that carbon emissions from the U.S. power sector are too insignificant to regulate. EPA's effort to explain its ultimate conclusion rests on a hodgepodge of poorly analyzed considerations, which obviously have been reverse engineered to lead to EPA's preferred conclusion.