Will the EPA's Clean Power Plan Make It Through the Courts?

In the end, the Clean Power Plan is unlikely to make it through the D.C. Circuit unscathed. But the U.S. Supreme Court is a different matter. While the court likely should overturn the rule, it probably won't overturn it. As it has done with other controversial EPA rules in the past, the high court is likely to bend over backwards to find the rule lawful-not because the law is necessarily on the EPA's side, but because the Clean Power Plan deals with the important public policy issue of climate change.