EPA alleges that under section 110 of the Clean Air Act, Colorado must somehow prove these coal plant requirements would not violate the Constitution's takings clause, or, in other words, not constitute an illegal government seizure of private property. But That's an impossible case for the state to make. Mr. President. It's also not, not in fact, what Section 110 of the Clean Air act requires, or what Congress ever intended. And to make matters worse, EPA made this shift without any meaningful public input. (02:13–02:17)
CLAIM
Asserts that it is impossible for Colorado to prove the coal plant requirements do not violate the takings clause.
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