Energy & Sustainability Litigation Updates — August 2022

In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the "major questions doctrine," the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the approach of the Obama Administration's EPA (i.e., by attempting to shift electric generating power from fossil fuels to renewable energy). This ruling effectively torpedoed a significant measure to combat climate change (at least in the absence of Congressional action) and also appears to limit the authority of the EPA and similar regulatory agencies in their future efforts. The implications and consequences of this ruling are still being assimilated by industry and practitioners, and it is anticipated to have wide-ranging and far-reaching effects on environmental litigation in the future.