Appellate Ruling ‘Misconstrued’ EPA Air Act Power, Critics Tell High Court

December 13, 2021
A West Virginia-led state coalition and other EPA critics are urging the Supreme Court to narrow the agency’s Clean Air Act authority to write power sector climate rules, charging an appellate ruling “misconstrued” EPA’s authority and its decision, if upheld, would give the agency the ability to “to upend the power industry.” The arguments are included in a series of opening merits briefs filed ahead of a Dec. 13 deadline in consolidated Supreme Court litigation known as West Virginia, et...

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