Thursday, November 7, 2013

Judicial Review of EPA's New Regs on Carbon Emissions from New Coal-Fired Power Plants

Dan Farber sagely observes (here) that power companies will have trouble challenging the regulations in court because in order to establish standing they have to establish that they will be harmed by the regulations. But, as Dan points out, no power companies are building coal-fired plants these days; the fracking revolution has led to a wholesale switch to natural gas-fired plants, which will not be affected by the regulations. In the absence of actual plans to build coal-fired power plants anytime soon, the D.C. Circuit really should deny standing. Of course, courts don't always do what they should do under prevailing legal rules.

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