Clean Power Plan in the Court

Published: Sept. 14, 2016, 5:34 p.m.

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Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast

On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in\\xa0West Virginia, et al. v. EPA, a case testing the constitutionality of the Clean Power Plan. Among two procedural peculiarities (the U.S. Supreme Court has granted a stay in the implementation of the Plan, and the D.C. Circuit Court of Appeals has,\\xa0sua sponte, decided to hear the case\\xa0en banc\\xa0without a prior three-judge panel), the case includes myriad federalism and separation of powers issues. Our experts will discuss the primary issues in the case \\u2013 the balance of power between the federal and state governments, and the separation of powers within the federal government.

Featuring:

  • David Bookbinder,\\xa0Founding Member, Element VI Consulting
  • David B. Rivkin, Jr.,\\xa0Partner, Baker & Hostetler LLP \\xa0
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