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High court climate case looks at EPA’s power


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Like most environmental disputes, the current case is certainly complicated, if not bewildering.

Confusion figured in one of the court’s most significant decisions, written by Justice John Paul Stevens in 1984, giving EPA and other federal agencies wide latitude to come up with rules that put meat on the bones of congressional enactments.

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"When I am so confused, I go with the agency," Stevens told his colleagues, according to notes taken by Justice Harry Blackmun and contained in the papers that were made public a few years after Blackmun’s death.

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Follow Mark Sherman on Twitter: https://twitter.com/shermancourt




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