On October 29, 2021, the U.S. Supreme Court granted certiorari in West Virginia v. Environmental Protection Agency, a petition filed by several states and coal companies attacking the U.S. Environmental Protection Agency's (EPA’s) regulatory authority under the Clean Air Act (CAA). The Court’s holding in this case would determine EPA’s continued ability to use the CAA—including the national ambient air quality standard (NAAQS) program—as a climate change tool.

Animal agriculture is one of the leading sources of greenhouse gas emissions. Carbon offset markets allow entities to reduce their overall climate impact by financing projects that decrease emissions elsewhere. This Article analyzes the viability of an offset protocol that credits farms for transitioning from raising livestock to growing crops, based on the difference in emissions between these operations.