Oddbean new post about login | logout "EPA eventually repealed the rule in 2019, concluding that the Clean Power Plan had been “in excess of its statu- tory authority” under Section 111(d). 84 Fed. Reg. 32523 (2019)." That's good; they already know this situation. But they haven't learned: they try again ...
in this context, german law recognizes the interest in a declaratory judgment and the risk of repetition and as we can see from our example: the danger is super real But “voluntary cessation does not moot a case” unless it is “absolutely clear that the allegedly wrongful behavior 16 WEST VIRGINIA v. EPA Opinion of the Court could not reasonably be expected to recur.”