"EPA eventually repealed the rule in 2019, concluding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.”
