https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf

Supreme Court

West Virginia vs EPA

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"EPA eventually repealed the rule in 2019, concluding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