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Can the plant owners SUE over this as a breach of the US Constitution by NOT going through the legislature??
I believe the way the original law was written back in the early 70's (thank you Tricky Dick), Congress gave the agency pretty much free reign as deemed necessary by the Secretary to regulate pollution under the clean air and clean water acts. The courts have upheld the powers and Congress has pretty much ignored any oversight of the EPA. The kicker of course is that the USSC ruled just a few short years ago that carbon dioxide was a pollutant that could be regulated, ergo, we are screwed.