West Virginia v. EPA - Post-Decision SCOTUScast
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Description
On June 30, 2022, the Supreme Court decided West Virginia v. EPA. In a 6-3 decision, the Court held that EPA exceeded its authority under Clean Air Act Section 111...
show moreThis case is a major development in administrative law. For the first time, a majority opinion of the Supreme Court used the phrase “major questions doctrine” to describe its methodology. The Court determined that the Clean Power Plan dealt with issues of such “economic and political significance” that it required a clear statement of Congressional intent to authorize this specific type of action. Because the CAA contains no such clear statement, the Clean Power Plan was unlawful.
Justice Gorsuch, joined by Justice Alito, wrote a concurring opinion expanding on the “major questions doctrine” and its relationship to the constitutional principle of non-delegation. Justice Kagan, joined by Justices Breyer and Sotomayor, wrote a dissenting opinion arguing the Court improperly placed “major questions” at the beginning of its statutory analysis—instead of conducting a traditional Chevron-style textual inquiry and concluding with “major questions.” Further, the dissent states that Congress provided EPA with the authority to require “generation shifting” in the CAA’s use of broad language authorizing the Agency to identify a “system of emission reduction” to address air pollution.
Featuring:
David Fotouhi, Partner, Gibson, Dunn & Crutcher LLP, former Acting General Counsel, EPA
Justin Schwab, Founder, CGCN Law; former Deputy General Counsel, EPA.
Information
Author | The Federalist Society |
Organization | The Federalist Society |
Website | - |
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