West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to Limit EPA Regulatory Authority

On June 30, 2022, the U.S. Supreme Court ruled in a 6-3 opinion that Congress did not give the EPA authority to set greenhouse gas emissions standards for existing power plants under Section 111(d) of the Clean Air Act (CAA). Energy, Environment & Natural Resources Practice Group member Donald K. Shandy returns to Briefly Legal to discuss the Court’s ruling and its application of the Major Questions Doctrine to limit EPA’s regulatory authority. He also discusses what the ruling means for administrative agency power more broadly, and the scenarios in which EPA can still regulate emissions under other sections of the CAA. 

About Donald K. Shandy 

Additional Resources: West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power

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