Biden’s ‘Fresh Start’ on Emissions Not Seen as Legal ‘Slam Dunk’

Jan. 20, 2021, 8:52 PM UTC

A federal court ruling on power plant emissions paved the path for President Joe Biden’s climate plans, but future litigation over greenhouse gas regulations could throw up hurdles, attorneys and legal scholars say.

Biden’s aggressive climate plans got a leg up Tuesday when the U.S. Court of Appeals for the District of Columbia Circuit struck down the Trump administration’s Affordable Clean Energy (ACE) rule, which softened greenhouse gas emission regulations for existing power plants. The ruling allows Biden to sidestep a lengthy rulemaking processes that would have been required to dismantle ACE and install a replacement rule.

The decision isn’t ...

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