CleanLaw Podcast | Carrie Jenks and Kevin Poloncarz on the Petitions to the Supreme Court of the D.C. Circuit’s decision vacating ACE

Carrie Jenks, executive director of the Environmental and Energy Law Program at Harvard Law School, speaks with Kevin Poloncarz, a partner at Covington and Burling. They discuss the Supreme Court’s decision to hear the appeal of the D.C. Circuit’s ruling to vacate the Affordable Clean Energy rule. They also discuss potential legal strategies and arguments for the case.

Discussion Questions

Whichever way the Supreme Court rules, it will have significant implications for the EPA’s regulatory powers and Congress’ ability to delegate its powers to executive agencies. Which do you think is more consequential?