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Climate Change Regulatory Authority Greenhouse Gas Emissions

Venable LLP

Environmental Law in a Post-Chevron World

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Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...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

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

Baker Donelson

Supreme Court Invokes Major Questions Doctrine to Curb EPA's Ability to Regulate Carbon Emissions

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On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...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

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

K&L Gates LLP

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

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On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...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

Jackson Walker

U.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling

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Last week, the United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the...more

Venable LLP

SCOTUS Limits EPA Authority to Regulate Greenhouse Gas Emissions, but Major Questions Remain About Scope of the "Major Questions"...

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The Supreme Court concluded its momentous term last week, saving the long-anticipated West Virginia v. EPA ruling for the last day of announced opinions. The Court's decision limiting the scope of EPA's authority to regulate...more

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