West Virginia v. Environmental Protection Agency: The Agency's Climate Authority

June 2022
Citation:
52
ELR 10429
Issue
6
Author
Michael Gerrard, Joanne Spalding, Jill Tauber, and Keith Matthews

On February 28, 2022, the U.S. Supreme Court heard oral arguments for the landmark West Virginia v. EPA case, involving the scope of powers delegated to the U.S. Environmental Protection Agency (EPA) through the Clean Air Act. The Court’s decision will affect administrative law, and could have major consequences for environmental law, particularly the Agency’s power to regulate greenhouse gas emissions and take action on climate change. On March 1, the Environmental Law Institute hosted a panel of leading experts to discuss the case, the arguments, and what form the decision may take. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.

Michael Gerrard (moderator) is the Andrew Sabin Professor of Professional Practice at the Columbia Law School. Joanne Spalding is the Acting Legal Director and Chief Climate Counsel at the Sierra Club. Jill Tauber is Vice President of Litigation for Climate and Energy at Earthjustice. Keith Matthews is Of Counsel at Wiley Rein LLP.

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