Implied right of action for riparian denizens under the statute to challenge power plant construction.
Clean air, water and environment is not property or liberty for which due process of law would be required before deprivation.
Funding structure of the commission does not, on its face, violate the constitution; review and tolling procedures are within the statute.
https://www.cadc.uscourts.gov/internet/opinions.nsf/2FEE744A69F0676F852582C600521EA8/$file/17-5084-1739812.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.