The fragility of state regulation after West Virginia v. EPA ...Middle East

In West Virginia v. EPA, the Supreme Court limited the Environmental Protection Agency’s (EPA) authority to regulate carbon dioxide emissions from power plants, dealing a significant blow to the agency’s ability to address climate change. The court held that the EPA’s interpretation of Section 111 of the Clean Air Act presented an “extraordinary case” because of the significance of the power the agency claimed. The court concluded that the EPA lacked the statutory authority it asserted. In reaching its conclusion, the court relied on the controversial “major questions doctrine.” The major questions doctrine is a relatively new interpretative maxim that directs courts to presume that Co

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