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  • Three Key Arguments Against the “Clean Power Plan”

  • September 27, 2016

  • Today the legal fight over the Obama Administration’s Clean Power Plan enters into the oral argument stage before the D.C. Circuit. The petitioners, headlined by the State of West Virginia, will argue that EPA is stepping beyond its legal boundaries and that the plan should therefore be vacated and remanded. Here are three key arguments that we should see emerge today against the Clean Power Plan: 1.  It’s unconstitutional. The Clean Power Plan is not the cooperative federalism that EPA claims, but rather coercive federalism. The 10th Amendment, of cours...
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Today the legal fight over the Obama Administration’s Clean Power Plan enters into the oral argument stage before the D.C. Circuit. The petitioners, headlined by the State of West Virginia, will argue that EPA is stepping beyond its legal boundaries and that the plan should therefore be vacated and remanded. Here are three key arguments that we should see emerge today against the Clean Power Plan: 1.  It’s unconstitutional. The Clean Power Plan is not the cooperative federalism that EPA claims, but rather coercive federalism. The 10th Amendment, of cours... Read More
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