This major appeal, together with the three others consolidated with it, pits scores of states and industries against each other on a question of great national importance. The question is whether Congress granted the EPA the power to issue rules restructuring the economics of the electrical power generating industry. NELF filed an amicus brief urging the Court to accept this important case so that it might rein in the agency’s overweening view of its powers. On October 29, 2021, the Court, agreeing on the importance of the question, granted certiorari.
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