Pending before the U.S. Supreme Court, West Virginia v. EPA focuses on the Obama administration’s Clean Power Plan (CPP), which sparked controversy when promulgated in 2015 for using generation shifting measures. Energy, Environment & Natural Resources Practice Group members Alyssa Gillette and Donald K. Shandy discuss the procedural background of the case regarding the Environmental Protection Agency’s power to govern CO2 emissions from existing power plants by using “outside-the-fenceline” measures, and touch on the implications a ruling could have on agency power more broadly.
About Alyssa Gillette and Donald K. Shandy
Additional Resources: Gavel to Gavel: Case Could Affect Agency Jurisdiction
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