Paul Gutermann Quoted in Law360 on 2015 Supreme Court EPA Ruling
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Paul Gutermann, a partner in Akin Gump’s environment and natural resources practice, was quoted in the Law360 story “The Biggest Energy Decisions Of 2015.” The article identifies several high-profile court rulings within the energy sector last year, including some before the Supreme Court.
Addressing the Court’s rejection in Michigan et al. v. EPA of the Environmental Protection Agency’s landmark ruling limiting mercury and other toxic emissions from coal-fired and oil-fired power plants, Gutermann said the ruling serves as a warning to the EPA that costs will be a major factor in determining whether future regulations can survive legal challenges. “I think the Supreme Court decision signaled that there’s at least a significant group of justices that are willing to take a hard look at that, so I think that’s going to affect the rulemaking process within the agency,” he said. “They’ve had a historically easy pass when it comes to that; they’re going to have to do a better job in estimating costs and benefits.”
The case was sent back to the D.C. Circuit for review.
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