Climate Change and the Supreme Court: West Virginia v. EPA
A conversation on the recent Supreme Court decision and its consequences for emissions regulation and climate change efforts
Event Details
On June 30, 2022, the US Supreme Court released its decision on West Virginia v. US Environmental Protection Agency (EPA), a case widely anticipated to have far-reaching implications for environmental regulation. Citing the “major questions doctrine,” which holds that “a clear statement is necessary for a court to conclude that Congress intended to delegate authority” for certain “major” regulations—the Supreme Court substantially limited EPA’s range of options to cut greenhouse gas emissions.
The final decision in West Virginia v. EPA used the major questions doctrine to put significant bounds on how EPA can regulate emissions from existing power plants. More broadly, the ruling sets a precedent that could substantially limit the ability of other federal agencies to act.
On July 7, 2022, Resources for the Future (RFF) convened a panel of distinguished legal experts to help interpret what this decision means for the future of environmental regulation and climate change policy in the United States. This webinar was a follow-up to our March 2022 RFF Live event, “Climate Change and the Supreme Court.”
Speakers
- Lisa Heinzerling, Georgetown University Law Center
- Jeffrey Holmstead, Bracewell LLC
- Nathan Richardson, Resources for the Future, University of South Carolina Law School
- Susan Tierney, Resources for the Future, Analysis Group (Moderator)
Event Video
Additional Materials
Common Resources — Jul 6, 2022
The Consequences of the Supreme Court’s West Virginia v. EPA Ruling for Environmental Regulation
The Supreme Court’s ruling in West Virginia v. EPA last week reduced the US Environmental Protection Agency’s authority to regulate emissions from power plants at the national level absent specific legislative directives.
Resources Magazine — May 19, 2022
Climate Change and the Supreme Court
In 2022, the US court system could largely determine the future of US climate policy and environmental regulation. Acting on two specific doctrines in recent cases, the Supreme Court may end up substantially limiting regulations on carbon pollution.
