High Court Preserves EPA’s Power Plant GHG Authority But Scope Unclear

June 30, 2022
Environmentalist and industry attorneys say they are pleased that the Supreme Court’s landmark ruling explicitly preserves EPA’s authority to regulate power sector greenhouse gases, though they are also anxious that the ruling does not detail the scope of such authority, including whether it allows a rule based on emissions trading or co-firing. Additionally, the high court’s 6-3 ruling June 30 in West Virginia v. EPA for the first time cites the “major questions” doctrine to strike down the Obama...

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