US EPA Administrator Regan Previews Strategy For The Power Sector In A Post-Clean Power Plan World

Numerous stakeholders are anxiously awaiting the decision from the Supreme Court in West Virginia v. Environmental Protection Agency, et al., No. 20-153, on whether and how EPA can regulate carbon emissions from power plants. Based on oral argument in late February, the prevailing view is that the Court is likely to rule against EPA and constrain—at least to some degree—EPA's authority under Section 111(d) of the Clean Air Act, which allows EPA to regulate certain air pollutants (including greenhouse gas emissions) from existing stationary sources. Whether the Court rules narrowly based on specific issues of statutory interpretation, or issues a broader decision invoking the "major questions" doctrine, remains to be seen with a decision expected by June.