West Virgina v. EPA

[Peter1469]

I don't think the SCOTUS ruling on this case has been released yet. It could be the most important of all this years cases. Basically the court will be setting limits on the Administrative State.

West Virgina v. EPA

Climatewire reports that the Environmental Protection Agency (EPA) has pushed back the planned release of new proposed regulations under the Clean Air Act to limit greenhouse gas emissions from power plants. This is auspicious timing, as the Supreme Court is poised to issue an opinion in West Virginia v. Environmental Protection Agency, which will likely define the scope of the EPA's authority to issue such rules.


As the Climatewire story notes, the Biden Administration had initially planned to issue proposed rules in July of this year that could be finalized in summer 2023. At oral argument in WVA v. EPA, however, Solicitor General Elizabeth Prelogar told the Court that EPA expected to issue a notice of proposed rulemaking by the end of the year. Now the EPA is not planning to issue a proposed rule until March 2023, which would mean that it is unlikely any rule could be finalized before 2024.


One consequence of the EPA pushing back the timetable for greenhouse gas regulations for power plants is that any legal challenge to the rule would likely be resolved after the 2024 election. Whether a potential Republican administration would defend any such rule would likely depend upon how aggressively the EPA interprets its Clean Air Act authority, and whether such interpretation pushes up against the Supreme Court's ultimate ruling in WVA v. EPA.

[MisterVeritis]

I don't think the SCOTUS ruling on this case has been released yet. It could be the most important of all this years cases. Basically the court will be setting limits on the Administrative State.

West Virgina v. EPA

Climatewire reports that the Environmental Protection Agency (EPA) has pushed back the planned release of new proposed regulations under the Clean Air Act to limit greenhouse gas emissions from power plants. This is auspicious timing, as the Supreme Court is poised to issue an opinion in West Virginia v. Environmental Protection Agency, which will likely define the scope of the EPA's authority to issue such rules.


As the Climatewire story notes, the Biden Administration had initially planned to issue proposed rules in July of this year that could be finalized in summer 2023. At oral argument in WVA v. EPA, however, Solicitor General Elizabeth Prelogar told the Court that EPA expected to issue a notice of proposed rulemaking by the end of the year. Now the EPA is not planning to issue a proposed rule until March 2023, which would mean that it is unlikely any rule could be finalized before 2024.


One consequence of the EPA pushing back the timetable for greenhouse gas regulations for power plants is that any legal challenge to the rule would likely be resolved after the 2024 election. Whether a potential Republican administration would defend any such rule would likely depend upon how aggressively the EPA interprets its Clean Air Act authority, and whether such interpretation pushes up against the Supreme Court's ultimate ruling in WVA v. EPA.

We live under tyranny as long as executive branch agencies can make laws.

[Peter1469]

We live under tyranny as long as executive branch agencies can make laws.

When agencies cross that line SCOTUS should and typically corrects them. Hopefully this case clarifies and strengthens the boundary between a regulation and a law.

[RMNIXON]

And perhaps more screaming from the rabid left about the illegitimacy of the SCOTUS!

[MisterVeritis]

When agencies cross that line SCOTUS should and typically corrects them. Hopefully this case clarifies and strengthens the boundary between a regulation and a law.

It won't be enough.

We cannot stop the tyranny so long as the Executive branch has the power to make laws. They also have the power to adjudicate. That is full blown tyranny.

[Peter1469]

It won't be enough.

We cannot stop the tyranny so long as the Executive branch has the power to make laws. They also have the power to adjudicate. That is full blown tyranny.

Agree. The exec branch regulations must be based on laws passed by Congress.

[Admiral Ackbar]

And perhaps more screaming from the rabid left about the illegitimacy of the SCOTUS!

Raging is what Communists do

[Peter1469]

In anticipation:

One more blockbuster Supreme Court decision could still be coming even after Friday's abortion ruling

Believe it or not, overturning Roe v. Wade may not be the Supreme Court’s most dramatic decision this year. Instead, its ruling on West Virginia v. the Environmental Protection Agency could prove far more consequential. It could literally upend how our government works.


For the better.


West Virginia vs. the EPA asks whether important policies that impact the lives of all Americans should be made by unelected D.C. bureaucrats or by Congress. This SCOTUS could well decide that ruling by executive agency fiat is no longer acceptable.

[Chris]

It's coming, in the next few days no doubt. Agree, SCOTUS has ordered these releases least to most important.

[midcan5]

Average West Virginian republican voter gives her/his opinion: Cough...cough....cough...greaattt...cough...cough. ...cough... too hot today.....cough...cough....cough... keep em out of our state....Cough...cough....cough.....

The gods of pollution cheer....

Cough...cough....cough LOL