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June 26, 2014

U.S. Supreme Court GHG Decision Paves Way for New Coal-Fired Power Plant Emissions Regulations

On June 23, 2014, the United States Supreme Court held that the United States Environmental Protection Agency (EPA) did not, unilaterally, have the authority to reduce greenhouse gas (GHG) emission permitting thresholds. Based on the constitutional separation of powers, EPA should have obtained the approval of the United States Congress. The Court, however, affirmed that EPA can regulate GHG emissions from industries already subject to air pollutant regulations – this decision will enable President Obama to implement proposed regulations to reduce coal-fired power plant emissions.

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