EPA Setback: Is Supreme Court Now More Willing to Override Executive Branch Decision-Making?
Less obviously, it is potentially a transformative decision reducing the power of the president to create rules for industry that have political and business consequences.
August 11, 2022 at 10:50 AM
7 minute read
While the nation speculates about whether the overruling of abortion rights in Dobbs v. Jackson Women's Health Organization, Case No. 19-1392, ___ U.S. ___ (2022), signaled more rollbacks of privacy rights in the future, the U.S. Supreme Court's decision erasing the EPA's plan for greenhouse emissions may be a barely perceptible landmark in an ongoing campaign to limit the power of federal agencies. Decided less than a week after Dobbs by the same 6-3 majority, the immediate consequences of West Virginia v. Environmental Protection Agency, Case No. 20-1530 ___ U.S. ___ (2022), are a dramatic defeat for the cause of controlling emissions. Less obviously, it is potentially a transformative decision reducing the power of the president to create rules for industry that have political and business consequences.
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