Ruling in West Virginia v. Environmental Protection Agency, on June 30, 2022, the majority opinion declared that “Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan.”
The question presented was:
“[W]hether the ‘best system of emission reduction’ identifed by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act.”
Oral Arguments
You can hear the oral arguments for this case here:
Or listen to them directly on the Supreme Court’s website here.
The Ruling
You can read the final ruling in West Virginia v. Environmental Protection Agency either in our read in full below, or click here for a PDF.
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