West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
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,...more
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
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
The proposed new greenhouse gas (GHG) emissions control requirements would apply to existing and new power plants, with an emphasis on more efficient generating practices, including carbon capture and sequestration (CCS) and...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more
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
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
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
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
On June 30, 2022, in a 6-3 decision, with Chief Justice John G. Roberts Jr. writing for the majority, the United States Supreme Court issued a decision in West Virginia v. EPA limiting the EPA’s ability to regulate carbon...more
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
The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more
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
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
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
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
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
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
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more
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...more
On June 30, the last day of an historic term, the Supreme Court issued its decision in West Virginia v. EPA. As expected, the Court struck down EPA's 2015 Clean Power Plan (CPP), which was intended to reduce greenhouse gas...more
On the last day of what was already an historic term, the Supreme Court issued another significant decision impacting EPA’s authority under the Clean Air Act to regulate greenhouse gas emissions and address climate change. As...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more