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The Supreme Court appears eager to gut the EPA, but can’t figure out how to do it
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| Contributor | RP |
| Last Edited | RP Mar 01, 2022 07:54am |
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| Category | Analysis |
| Author | Ian Millhiser |
| News Date | Monday, February 28, 2022 08:30:00 PM UTC0:0 |
| Description | Turns out incoherent legal doctrines are hard to apply.
West Virginia v. Environmental Protection Agency is one of the most frustrating cases that the Supreme Court has heard in many years. It involves an Obama-era environmental regulation that never took effect, that President Joe Biden’s administration has no intention of reinstating, and that imposed such minimal obligations on power plants that it’s not clear the regulation really required them to do anything in the first place.
But a majority of the Supreme Court appears likely to strike down this undead environmental regulation after Monday morning’s oral arguments in the West Virginia case, even though the conservative justices seem to have struggled to figure out how they could write an opinion that actually does so. |
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