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Constitutional Law Keyed to Choper
West Virginia v. Environmental Protection Agency
Citation:
597 U.S. 697 (2022)Facts
In 2015, the EPA promulgated the Clean Power Plan (CPP) under Section 111(d) of the Clean Air Act to address carbon dioxide emissions from existing coal and natural gas power plants. The CPP established emission limits that would have required a significant shift in electricity generation from coal to natural gas and renewables, effectively forcing many coal plants to reduce operations or shut down. The EPA claimed authority to implement this “generation shifting” approach under its mandate to determine the “best system of emission reduction.” After the CPP was stayed by the Supreme Court in 2016, the Trump administration repealed it and replaced it with the Affordable Clean Energy (ACE) rule, which was subsequently vacated by the D.C. Circuit. The case reached the Supreme Court as states and coal companies challenged the EPA’s authority to implement such transformative regulations.
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