HOLMSTEAD: CPP IS VERY CLEVER, BUT ULTIMATELY ILLEGAL

摘要

While admitting the final version of the Clean Power Plan (CPP) is better than the proposed version, Jeff Holmstead, an environmental attorney with Brace-well & Giuliani, said the CPP is very clever, but ultimately illegal. Holmstead's comments were made in a mega-session at POWER-GEN International 2015. Holmstead said short of a stay, the CPP will carry the force of law during litigation, but will likely be struck down by the Supreme Court in late 2017 or early 2018. Under the law, he said, a single Supreme Court justice-John Roberts-could stay the rule unilaterally, though there is no precedent for such an action, and it will likely not happen.