‘Major Questions’ Ruling Opens Door To Scores Of EPA Rule Challenges

July 1, 2022
The Supreme Court’s June 30 decision that EPA is barred from mandating electricity generation shifting from dirtier energy sources to cleaner ones under the so-called “major questions” doctrine opens the door to countless other rule challenges and potential court rulings based on the same theory, attorneys are warning. They cite as examples EPA’s vehicle greenhouse gas rule, EPA’s waiver of preemption allowing California to set stricter vehicle rules, the administration’s pending rules governing the reach of the Clean Water Act,...

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