Inside a Legal Doctrine that Could Derail Biden Climate Regs

E&E News cites CEI Attorney Devin Watkins on the EPA’s new legislation outlining vehicle emissions standards:

As in the Supreme Court power plant rule litigation, conservative challengers have asked the D.C. Circuit to stop EPA from curbing emissions to an extent that would transform the auto industry (E&E News PM, March 1).

“Major questions suggests there is a high bar that agencies have to meet to show that that’s what Congress intended them to do,” said Devin Watkins, an attorney for the Competitive Enterprise Institute, one of the groups challenging the vehicle emissions standards.

Anytime there is a standard that federal agencies are required to meet, Watkins said, “that’s something litigants are always going to talk about.”

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