High Court clean air fight could transform administrative law

By Matthew Sinkman and Andrew Alessandro (March 4, 2022, 5:00 PM EST) — Things are heating up in terms of climate change and administrative law. On February 28, the United States Supreme Court heard oral argument in West Virginia v. US Environmental Protection Agency.[1]

The court’s decision in this case could significantly limit the federal government’s efforts to combat climate change, limit the abilities of agencies in general to solve large-scale national problems and reshape administrative law and the separation of powers.

The case concerns the scope of the EPA’s authority under Section 111 of the Clean Air Act[2] to combat emissions from existing power plants. Power plants that use fossil fuels – mostly coal and natural gas…

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