cancel2 2022
Canceled
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This could have a wide impact on agencies like the EPA, FDA and OSHA.
On Monday, February 28, the US Supreme Court heard oral arguments in the case of West Virginia vs the Environmental Protection Agency, sponsored by Republican-led states along with coal mining interests. There are two main questions before the court. First, does the US Supreme Court even have jurisdiction to resolve this question, and does the lower court's decision on appeal here violate the so-called major questions doctrine, which holds that if Congress wants to delegate broad powers to federal administrative agencies it must do so clearly? How the Supreme Court chooses to interpret this doctrine has enormous implications for federal regulatory policy. If the court interprets it in a broad, expansive fashion (as we believe the conservative justices on the court will do), the court would “curtail the regulatory scope not just of the EPA but many other federal agencies as well“ according to scotusblog.com. In addition to the EPA, OSHA, FDA, and the SEC might find their activities limited, too.
The highly technical legal issue here stems from an interpretation of Section 7411 of the Clean Air Act. The Obama administration, in promulgating regulations to restrict CO2 emissions, included industry-wide remediation measures in its 2016 Clean Power Plan. The issue is whether it exceeded its administrative authority in proposing pollution controls that were not “inside the fenceline”, that is, industry-wide as opposed to plant-specific. The Supreme Court ruled in favor of states challenging this proposed EPA plan, which never went into effect. The Trump administration repealed the Clean Power Plan, replacing it with a more industry-friendly Affordable Clean Energy Rule in 2019, which another set of plaintiffs challenged in court. In January of last year, the DC Court of Appeals vacated the Trump administration’s repeal of the Clean Power Plan and sent the issue back to the EPA. The Biden administration has stated in this case that it will not return to the previous Clean Power Plan but are instead redraft its own regulations with respect to power plant greenhouse gas emissions. The District of Columbia’s Circuit Court final decision is on hold until EPA issues a rewrite of power plant emissions regulations.
Read more: https://oilprice.com/Energy/Energy-...ld-Transform-Americas-Climate-Regulation.html
This could have a wide impact on agencies like the EPA, FDA and OSHA.
On Monday, February 28, the US Supreme Court heard oral arguments in the case of West Virginia vs the Environmental Protection Agency, sponsored by Republican-led states along with coal mining interests. There are two main questions before the court. First, does the US Supreme Court even have jurisdiction to resolve this question, and does the lower court's decision on appeal here violate the so-called major questions doctrine, which holds that if Congress wants to delegate broad powers to federal administrative agencies it must do so clearly? How the Supreme Court chooses to interpret this doctrine has enormous implications for federal regulatory policy. If the court interprets it in a broad, expansive fashion (as we believe the conservative justices on the court will do), the court would “curtail the regulatory scope not just of the EPA but many other federal agencies as well“ according to scotusblog.com. In addition to the EPA, OSHA, FDA, and the SEC might find their activities limited, too.
The highly technical legal issue here stems from an interpretation of Section 7411 of the Clean Air Act. The Obama administration, in promulgating regulations to restrict CO2 emissions, included industry-wide remediation measures in its 2016 Clean Power Plan. The issue is whether it exceeded its administrative authority in proposing pollution controls that were not “inside the fenceline”, that is, industry-wide as opposed to plant-specific. The Supreme Court ruled in favor of states challenging this proposed EPA plan, which never went into effect. The Trump administration repealed the Clean Power Plan, replacing it with a more industry-friendly Affordable Clean Energy Rule in 2019, which another set of plaintiffs challenged in court. In January of last year, the DC Court of Appeals vacated the Trump administration’s repeal of the Clean Power Plan and sent the issue back to the EPA. The Biden administration has stated in this case that it will not return to the previous Clean Power Plan but are instead redraft its own regulations with respect to power plant greenhouse gas emissions. The District of Columbia’s Circuit Court final decision is on hold until EPA issues a rewrite of power plant emissions regulations.
Read more: https://oilprice.com/Energy/Energy-...ld-Transform-Americas-Climate-Regulation.html
