Michigan v. EPA

The Supreme Court ruled against the EPA today, finding that the EPA must take cost into account when deciding whether to regulate power plants. But don’t be too excited. (Or, if you favor regulating coal-fired power plants out of existence, don’t be too disappointed.) The Court leaves up to the EPA how to account for cost, so the EPA will simply come up with an accounting scheme that will justify doing the exact same thing.

The main benefit of this is to delay the regulations, perhaps long enough to elect a new president. But I wouldn’t even count on that. Rather than restarting the process from scratch, I expect that the EPA will try to rush through a new “appropriate and necessary” finding, and then use the same regulations it already devised.

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