The Volokh Conspiracy
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Climate Change Returns to the Supreme Court: Previewing West Virginia v. EPA (Updated)
The most important environmental case of the 2021-22 term will be heard next week.
On Monday, February 28, the Supreme Court will hear oral argument in West Virginia v. Environmental Protection Agency. In this case, the justices will consider the scope of the EPA's authority to regulate greenhouse gas emissions from the power sector. The Court's decision could have broad implications for climate policy, environmental law, and regulatory policy more generally.
On Thursday, February 24, the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law will host a free, online webinar previewing the case, featuring Professor Lisa Heinzerling of the Georgetown Unviersity Law Center and Professor James Coleman of the SMU Dedman School of Law. Details and registration info are here.
I have also written several blog posts on this litigation, and will blog about the oral argument on Monday. My posts on this case are listed below.
- Could the Supreme Court Revive the Trump Administration's ACE Rule?—Oct. 7, 2021
- Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)—Oct. 29, 2021
- Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?—Feb. 2, 2022
- Standing in West Virginia v. EPA Revisited—Feb. 21, 2022
In addition to the above, this book chapter—A "Step Zero" for Delegations—suggests an approach the Supreme Court may take to the major questions doctrine in this case. Relatedly, the following two posts discuss issues raised in the OSHA's vax-or-test standard that may foreshadow how the Court could approach these questions in West Virginia v. EPA.
- COVID-19, Major Questions, and Pouring New Wine from Old Bottles—Jan. 10, 2022
- Why the Supreme Court's Decision in NFIB v. OSHA May Be Even Worse News for Climate Regulation than You Thought—Jan. 24, 2022
UPDATE: The above-mentioned webinar may now be viewed here.
UPDATE: Here is my post on the WVA v. EPA oral argument: "Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA."
