Reading the Clean Power Plan "Shadow Papers" in Context

Reading the Clean Power Plan "Shadow Papers" in Context

Last weekend's release of internal Supreme Court memos continues to prompt commentary--too little of which puts the substance of the memos in appropriate context. I have tried to address some of this with my prior posts on the papers and the leak. As someone who focuses on administrative and environmental law, I think it is important to recall what was occurring when the Court received these applications. Having failed to get climate change legi…

Leaked SCOTUS Memos Reveal 2016 Clean Power Plan Battle

Internal Supreme Court memos leaked to the New York Times reveal how Chief Justice John Roberts pressed his colleagues to block former President Barack Obama's signature climate regulation in early 2016, and how liberal justices pushed back before losing a 5-4 vote that effectively ended the Clean Power Plan before it could reshape the nation's energy sector. The memos, which covered a period from late January 2016 through February 9, show the j…