Analyzing West Virginia v. Environmental Protection Agency

October 2022
ELR 10767
Jordan Diamond, Kate Bowers, Kevin Poloncarz, Stacey Halliday, Lisa Heinzerling, Matt Leopold, and Vickie Patton

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly. It also has implications for administrative law generally, including how the U.S. Congress may delegate regulatory authority to any federal agency. On July 12, 2022, the Environmental Law Institute hosted a panel of experts that considered questions raised by the justices’ opinions, and discussed what the decision will mean for environmental law, administrative law, and EPA’s power to act on climate change.

Jordan Diamond is President of the Environmental Law Institute. Kate Bowers (moderator) is a Legislative Attorney with the Congressional Research Service. Kevin Poloncarz is a Partner at Covington & Burling LLP. Stacey Halliday is a Principal at Beveridge & Diamond PC. Lisa Heinzerling is a Professor of Law at Georgetown University Law Center. Matt Leopold is a Partner at Hunton Andrews Kurth LLP. Vickie Patton is General Counsel at the Environmental Defense Fund.

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Analyzing West Virginia v. Environmental Protection Agency

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