Climate Now

Understanding EPA v. West Virginia: How will the Supreme Court’s ruling impact GHG regulation?

August 08, 2022 James Lawler Season 1 Episode 64
Climate Now
Understanding EPA v. West Virginia: How will the Supreme Court’s ruling impact GHG regulation?
Show Notes Chapter Markers

On June 30, 2022, the United States Supreme Court handed down a decision on the case “EPA v. West Virginia,” ruling in a 6-3 vote that the EPA exceeded its statutory authority by setting greenhouse gas emissions standards that would effectively require utilities to shift away from fossil fuel-sourced power generation to renewables.

At the time of the decision, it was met with a raft of alarmist headlines, forecasting that it would be a disaster for climate change mitigation, and that it threatens the future regulatory authority of all federal agencies. Is it really that bad?

In this episode, Michael Gerrard, professor of professional practice in climate change law and policy at Columbia University, helps us understand exactly what the EPA v. West Virginia decision said, and what its impact is likely to be.


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Intro to Climate Now
Intro to EPA v. West Virginia
Intro to Michael Gerrard
The history of the EPA
What was being challenged in EPA v. West Virginia
The decision
The Major Questions Doctrine
Impacts of the decision