In a 6-3 decision in West Virginia v. EPA, Supreme Court justices determined that the Environmental Protection Agency (EPA) overstepped its authority in regulating carbon dioxide emissions from power plants. Since the Thursday decision, several environmental groups have called the monumental ruling devastating to the Biden administration’s efforts to facilitate a clean energy transition.
For a breakdown of the decision and its implications for climate regulations moving forward, host Bill Loveless spoke with legal experts Michael Gerrard and Jeff Holmstead.
Michael is founder and director of the Sabin Center for Climate Change Law at Columbia University. He has pioneered innovative legal strategies and teaches courses on environmental law, climate change law and energy regulation. Before his time at Columbia, Michael was the head of the New York law office of Arnold & Porter.
Jeff heads the Environmental Strategies Group at the law firm Bracewell. He previously served as assistant administrator for air and radiation at the EPA under President George W. Bush from 2001 to 2005. During his tenure, he was one of the architects behind the Clean Air Interstate Rule, the Clean Air Diesel Rule and the Mercury Rule for power plants.
The pair discussed precisely how the rule curbs the EPA’s power, where it stops short, and the kind of legal precedence it sets for future cases.