West Virginia v. EPA: Analyzing the Supreme Court’s Decision

An Environmental Law Institute Breaking News Members Webinar

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. EPA, limiting the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d). The 6-3 majority ruled that, per the “major questions doctrine,” no agency may adopt rules that are “transformational” to the economy unless Congress has specifically authorized the agency to do so. The Court went on to rule that the Clean Air Act only authorizes the direct regulation of coal-fired plants, and that Congress has not granted EPA the authority to regulate power plant emissions via a national system.  In addition to the clear environmental implications, the decision impacts the manner in which Congress can delegate regulatory authority to all federal agencies. The Environmental Law Institute gathered experts in March to assess the oral arguments.

Join ELI and leading experts in environmental law, regulatory law, and the Clean Air Act for another webinar to dissect the Supreme Court’s opinion. They will analyze the impacts of the case and discuss what the decision will mean for environmental law, administrative law, and EPA’s power to act on climate change.

Panelists:
To be announced

Materials:
Materials will be posted as they are received.
ELI members will have subsequent access to any materials and a recording of this session (usually posted within 1-3 business days). If you are not an ELI member but would like to have access to archived sessions like this one, see the many benefits of membership and how to join.