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ARTICLE · 31 JANUARY 2022

What's Up With The Supreme Court?

As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA's authority to regulate greenhouse gases, and Sackett v. EPA,...

United StatesEnvironment

As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA's authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA's authority to define what constitutes a water of the United States. Betting money does not favor EPA in either case.

I don't have any inside authority on what will happen and I don't really have thoughts that haven't been expressed both others, so I suppose that this can just be considered a rant, but I think it's worth asking one simple question: What the heck is the Court doing? After all, no less a group of environmental radicals than the Edison Electric Institute has filed a brief in support of EPA's authority to regulate GHGs. Of course, the EEI did so to ensure that the Clean Air Act continues to act as a shield against private tort actions over carbon emissions, but still.

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