West Virginia v. Environmental Protection Agency
Issues
Under a provision of the Clean Air Act, did Congress prohibit the EPA from issuing rules and standards of performance that could potentially reshape the country's electricity grids and unilaterally decarbonize any sector of the economy?
This case asks the Supreme Court to consider the statutory limitations imposed on the Environmental Protection Agency by the Clean Air Act when it attempts to regulate emissions emanating from stationary sources. Petitioner West Virginia argues that the Court should not allow the EPA to issue significant rules that can reshape the country’s electricity grids and thus expand the agency’s power to an unprecedented level. Respondent the Environmental Protection Agency (“EPA”) responds that the Court should not read into the text an artificial restriction because any qualification will be directed at the states, not the federal agency. The Court’s decision in this case has heavy implications for the scope of federal administrative power, climate change policy, and statutory interpretation.
Questions as Framed for the Court by the Parties
Whether, in 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules — including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy — without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.
In 1963 Congress passed the Clean Air Act, which aimed to “protect and enhance” the quality of our air. Am. Lung Ass'n v. Envtl. Prot. Agency at 930. In 1970, Congress amended the Clean Air Act and granted the Environmental Protection Agency (“EPA”) additional powers to regulate any “new and existing” sources of air pollution originating from stationary sources. Id.
Additional Resources
- Ian Millhiser, A New Supreme Court Case Could Gut the Government's Power to Fight Climate Change, Vox (Nov. 3, 2021).
- Ilya Shapiro and William Yeatman, West Virginia v EPA: How can an agency achieve what Congress failed to do?, CATO Institute (Dec. 16, 2021).