E&E News quoted Boyden Gray & Associates Partner Michael Buschbacher regarding new power plant regulations expected from the EPA:
“An attorney who advocated for the Supreme Court to use the major questions doctrine in its West Virginia ruling said the Biden administration’s response to the June 2022 decision has been to roll out multiple, interlocking climate rules, instead of marquee regulations like the Clean Power Plan.
“It’s unlikely that all of those rules will survive Supreme Court scrutiny, said Michael Buschbacher, a partner at Boyden Gray & Associates PLLC. Biden’s expected power plant rule could be among the casualties.
“‘The Biden administration appears to just want something to stick, essentially scaring industry into self-regulating,’ he wrote in an email. ‘It’s a regulatory game of chicken, daring the Supreme Court to do the work of stopping executive action on multiple fronts. This approach could backfire spectacularly.’”
The full E&E News article, entitled “Biden plans new EPA power plant rule. Will SCOTUS kill it?”, is available here.