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Presentation
Presentation on West Virginia v. EPA
New York State Bar Association (2023)
  • Michael Lewyn
Abstract
In the recent case of West Virginia v. EPA.  In that case, the Supreme Court rejected the Clean Power Plan, an Environmental Protection Agency rule designed to limit greenhouse gas emissions from power plants.  The Court held that under the "major questions doctrine", it would be less deferential to federal agencies when new regulations involved major issues of public policy. Some commentators argue that this ruling will radically limit environmental regulation. My speech responds that because the major questions doctrine is so vague, it is too early to tell how frequently it will be used.
Keywords
  • clean power,
  • epa,
  • major questions,
  • supreme court,
  • environmental,
  • regulation,
  • administrative state
Publication Date
January 19, 2023
Location
New York, NY
Citation Information
Michael Lewyn. "Presentation on West Virginia v. EPA" New York State Bar Association (2023)
Available at: http://works.bepress.com/lewyn/241/