On June 30, 2022, the U.S. Supreme Court decided West Virginia et al. v. Environmental Protection Agency, holding that the EPA lacks authority under Section 7411(d) of the Clean Air Act to limit greenhouse gas emissions from power plants through “generation shifting,” i.e., increasing the use of cleaner energy sources like wind and solar and reducing the use of dirtier sources like coal. For a brief summary of the case, see our memorandum, Supreme Court Limits EPA’s Power To Regulate Greenhouse Gas Emissions From Power Plants.
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