Legal Challenges to Clean Power Plan Down (slightly), But Not Out

Fuel Fix: Earlier this month, three Federal judges declined review of the Environmental Protection Agency’s proposed rule restricting carbon dioxide emissions from existing power plants – also known as the ‘Clean Power Plan.’ And like most politically charged court decisions, some declared ‘victory’ for the Obama Administration and the EPA. The truth is that the court declined review due to a procedural technicality, not on the merits.  In other words, neither side won or lost because the rule that the court was asked to review has not actually been written yet.

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