In a Financial Times FundFire article, environmental partner Peter Alpert analyzed an upcoming U.S. Supreme Court decision in West Virginia v. the Environmental Protection Agency that raises questions about the scope of other federal agencies’ rulemaking powers.
Peter explains that in the West Virginia lawsuit, petitioners take issue with a 2015 Barack Obama-era EPA rule, the Clean Power Plan, which aims to reduce carbon emissions from coal-fired power plants.
Peter notes the EPA rule drew backlash from energy-producing states and coal industry companies, which argued that an administrative agency should not be deciding issues such as how electricity is generated and acceptable carbon-emission levels, as it would have significant macro effects on the economy.
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