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Damages

Special Bonus: What West Virginia v EPA Means for Acting on Climate Change

Mar 3, 2022
Supreme Court case West Virginia v EPA has implications for regulating greenhouse gas emissions, Clean Power Plan discussed, potential impacts on EPA's authority and power sector, exploration of major questions and non-delegation doctrines, debate on whether Congress has delegated power to EPA.
23:58

Podcast summary created with Snipd AI

Quick takeaways

  • The West Virginia v EPA case explores the major questions doctrine and its potential implications for agency rulemaking and addressing pressing issues like climate change.
  • The Supreme Court's decision in the West Virginia v EPA case may impact not just EPA's authority over greenhouse gas emissions in the power sector, but also future regulations in the power sector and constraints on federal agencies' ability to address various health, environmental, and consumer issues.

Deep dives

The Supreme Court hears oral arguments in the West Virginia versus EPA case

This special episode discusses the recent Supreme Court oral arguments in the West Virginia versus EPA case. The case, which began as a dispute over the Clean Power Plan, examines whether the Supreme Court should rule on a policy that was never implemented. The EPA argued that the case should be dismissed, but the Court showed interest by asking many questions. While there is optimism that previous rulings on EPA's authority to regulate greenhouse gases will not be overturned, the discussion of the major questions doctrine is concerning, as it has been increasingly used by conservative justices to limit agency authority. The episode features experts who provide insights on the case and its potential implications.

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