Last week the Clean Power Plan was basically dead. Five Supreme Court justices had stayed it and determined that the challengers were likely to prevail on the merits. But with Scalia’s passing, everything has changed. The Supreme Court now appears to be deadlocked as to the Plan’s legality. And a tie at the Supreme Court means the lower court decision will stand.
Over the weekend, I penned a piece for Bloomberg discussing in detail how Justice Scalia’s passing is likely to impact the Clean Power Plan. You can read my thoughts here (scroll down to the Up For Debate section).
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