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Clean Power Plan Regulatory Authority

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

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

BakerHostetler

West Virginia v. EPA and ‘Major Questions’ Facing the Competition Agencies

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The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues - including...more

Troutman Pepper

Supreme Court Decision in West Virginia v. EPA

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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

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

A&O Shearman

U.S. Supreme Court limits EPA’s regulation of climate change pollution

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On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...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

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

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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

Quarles & Brady LLP

Supreme Court Curbs EPA’s Approach to Regulating GHG Emissions from Existing Power Plants

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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

Mayer Brown Free Writings + Perspectives

Supreme Court Decision in West Virginia v. EPA Casts Doubt on SEC’s Climate Proposal and Other Regulatory Initiatives

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

Davis Wright Tremaine LLP

The Supreme Court Casts a Shadow Over the Fight Against Climate Change (and So Much 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

Troutman Pepper

West Virginia v. EPA: The Supreme Court Speaks Again on Climate

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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

Morgan Lewis

US Supreme Court Narrows Environmental Protection Agency’s Options for Climate Change Regulation

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The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more

Stinson LLP

Supreme Court Rejects EPA's Power on Climate Change Regulations

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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

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