News & Analysis as of

Greenhouse Gas Emissions Clean Air Act Clean Power Plan

Spilman Thomas & Battle, PLLC

Pennsylvania and RGGI – Decision and Resolution

On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more

Beveridge & Diamond PC

EPA Proposes New Rule Strictly Limiting Greenhouse Gas Emissions from the Nation’s Fossil Fuel Power Plants

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On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more

Brownstein Hyatt Farber Schreck

Third Time’s the Charm?

EPA Again Proposes to Regulate Greenhouse Gas Emissions from Power Plants - Today, the Environmental Protection Agency (EPA) published new proposed rules in the Federal Register to regulate greenhouse gas (GHG) emissions...more

Troutman Pepper

EPA’s New Carbon Standards for Power Plants Require Quick Decisions

Troutman Pepper on

EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more

BakerHostetler

West Virginia v. EPA: What This Means for Federal Agency Rulemaking Going Forward

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​​​​​​​The U.S. Supreme Court’s decision in West Virginia v. EPA has received much press as a decision that limits regulations designed to address climate change. But in reality, it was not so much an environmental law case...more

Jones Day

U.S. Supreme Court Limits How EPA Can Regulate Greenhouse Gases

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In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more

BCLP

U.S. Supreme Court Upends Federal Climate Regulation, and Much More

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On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more

Proskauer Rose LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions

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On June 30, 2022, the Supreme Court of the United States issued an important environmental ruling in West Virginia v. EPA, holding that while the United States Environmental Protection Agency (“EPA”) can regulate power plant...more

Hogan Lovells

Summary of West Virginia v. EPA and its potential impact on NRC and other federal agencies

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In a recent decision that could have wide-ranging implications, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency found that the Environmental Protection Agency (EPA) had overstepped its authority in...more

Dechert LLP

Major Decision for Major Questions: Supreme Court Reins In Federal Regulatory Authority

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Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

Holland & Hart LLP on

The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Perkins Coie

West Virginia v. EPA Curtails Federal Climate Action

Perkins Coie on

The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

Lippes Mathias LLP

SCOTUS Limits EPA’s Authority to Regulate Greenhouse Gas Emissions in West Virginia v. EPA

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On June 30, 2022, the U.S. Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), involving challenges to the scope of the Obama Administration's Clean Power Plan (CPP). The Court...more

Locke Lord LLP

Supreme Court Claims “Unprecedented” Administrative Reach to Strike Down Sector Based Curtailment of Power Plant GHG Emissions

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On June 30, 2022 the Supreme Court decided West Virginia v. EPA. This case not only has environmental law implications, but also speaks directly to executive agency overreach in potentially many other contexts. On its face,...more

Jones Day

U.S. Supreme Court Curbs Executive Power and Reach of EPA

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What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rejects EPA’s ‘Clean Power Plan’ in Decision Raising Questions About the SEC’s Climate-Related Disclosure Rules

On June 30, 2022, the U.S. Supreme Court held in West Virginia v. Environmental Protection Agency, 597 U.S. ___ (2022), that the Clean Air Act did not clearly authorize the Environmental Protection Agency (EPA) to create the...more

WilmerHale

Major Decision on Major Questions Doctrine, Agency Regulatory Discretion

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The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more

Spilman Thomas & Battle, PLLC

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...more

Akin Gump Strauss Hauer & Feld LLP

‘Major Questions’? Supreme Court Decision in Climate Change Case Sends Ripples Across the Regulatory Landscape

Key Points- For the first time, the Supreme Court has invoked explicitly the “major questions doctrine”—which requires Congress to speak clearly when authorizing agency action in certain extraordinary cases—to strike...more

Saul Ewing LLP

Supreme Court Holds That EPA Exceeded Its Authority in Proposing to Regulate Emissions Under Clean Air Act

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On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power...more

WilmerHale

Supreme Court on Climate: West Virginia v. EPA

WilmerHale on

In one of the most significant environmental opinions of our time, the Supreme Court held in West Virginia v. EPA that Section 111(d) of the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to...more

Wilson Sonsini Goodrich & Rosati

System Failure: The U.S. Supreme Court Fails to Dim the Climate Innovation Sector’s Bright Light

The U.S. is a textbook innovation economy. Exceptional dynamism—intellectual and financial—has driven the country's sustainability sector, and with it domestic and global economic development. The current industrial...more

Orrick, Herrington & Sutcliffe LLP

W. VA. v. EPA: Supreme Court Overturns EPA’s Inconsequential Clean Power Plan

On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia et al. v. Environmental Protection Agency et al., which invalidated the Clean Power Plan (“CPP”), an Obama-era regulation...more

Sullivan & Worcester

U.S. Supreme Court Curtails EPA’s Use of Clean Air Act Regulations to Facilitate Decarbonization of Electricity Markets

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On June 30, 2022, the United States Supreme Court struck down the Environmental Protection Agency's (EPA's) Clean Power Plan ("CPP"), limiting the agency's authority to address climate change, in the case West Virginia v....more

Hinshaw & Culbertson - Insights for Insurers

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more

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