EDGI’s Response to the Supreme Court ruling on West Virginia v. EPA
Thursday, the Supreme Court ruled to limit the power of the Environmental Protection Agency to carry out and enforce the Clean Air Act. In West Virginia v. EPA, it ruled that the defunct Obama Administration Clean Power Plan exceeded the powers granted by the act, arguing the agency lacked “comparative expertise” to determine how the law should be executed without clear legislation from Congress. The ruling invoked a new “major questions doctrine” that agencies lack the ability to determine “major questions” without “clear” statutory authority. The doctrine likely opens a wide array of regulatory actions–by the EPA and other federal agencies–up to legal challenge.
