Emails obtained by the Energy & Environment Legal Institute under FOIA demonstrate that EPA almost certainly violated federal law by using private email to correspond with the Natural Resources Defense Council, correspondence in which NRDC essentially drafted critical parts of the “Clean Power Plan,” or even, as the Wall Street Journal puts it, “the rule,” not just critical parts.

Imagine if some pro-coal organization(s) had done the same in the preparation of an EPA regulation. The Left would be up in arms crying foul and demanding criminal prosecution of those involved, in and out of government.

This should be another legal nail in the coffin of what Harvard law professor Laurence Tribe called “a remarkable example of executive overreach and an administrative agency’s assertion of power beyond its statutory authority” that “raises serious constitutional questions.”