Currents - Energy Industry Insights: Issue 7, 2022

The Supreme Court’s EPA Ruling is a Big Setback for Fighting Climate Change, but Not a Death Knell

"The ruling opens the door to more litigation, however, which could help the fossil fuel industry delay moves to decarbonize the economy."

Why this is important: The Supreme Court's opinion in West Virginia v. EPA rejected EPA's attempt to restructure the entire electric generating system in the U.S. The Court said that such a huge change could not be undertaken by an administrative agency without clear direction from Congress, particularly when Congress had considered, and rejected, similar regulatory schemes in the past. The Court left the way clear for Congress to do exactly what EPA had proposed in its Clean Power Plan if the votes to do so are there, but it appears they are not. If you missed it, you can click here to read our more in-depth coverage of this important decision.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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