Justices Will Decide Major Climate Change Challenge
The high court's decision to hear the challenge presents the threat of "more than a mere major cut back" on the EPA's authority, one expert said.
October 29, 2021 at 05:23 PM
4 minute read
United States Supreme CourtThe U.S. Supreme Court on Friday added climate change to an already consequential docket by agreeing to decide the scope of the Environmental Protection Agency's authority to restrict emissions from the power sector.
"This is the equivalent of an earthquake around the country for those who care deeply about the climate issue," environmental law scholar Richard Lazarus of Harvard said.
The justices consolidated four cases led by West Virginia v. Environmental Protection Agency in which a group of states, and coal and mining companies challenge a decision by the U.S. Court of Appeals for the D.C. Circuit rejecting an industry-friendly, Trump administration rule for regulating carbon dioxide emissions.
The appellate court said the rule's goal was "to slow the process for reduction of emissions," and "hinged on a fundamental misconstruction" of the Clean Air Act.
In urging the justices to review the D.C. Circuit decision, West Virginia Solicitor General Lindsay See wrote the EPA "now has a judicial edict not to limit itself to measures that can be successfully implemented at and for individual facilities. It can set standards on a regional or even national level, forcing dramatic changes in how and where electricity is produced, as well as transforming any other sector of the economy where stationary sources emit greenhouse gases."
The Biden administration is reportedly working on proposing a new rule to limit greenhouse gas pollution from the nation's power plants. In opposing the petition, then-acting Solicitor General Elizabeth Prelogar said any court reviews should await the new rulemaking "when the courts can review a concrete and considered EPA rule, rather than speculate as to the regulatory approaches the agency might take."
"There is consequently no sound reason for this court to grant review now to resolve the legality of a prior agency regulation that has no present operative effect and that EPA does not intend to revive," she argued.
The justices added another potentially controversial case to this term's argument docket: Arizona v. City of San Francisco. Republican-led state attorneys general have asked the court to decide whether states with an interest in the Trump administration's public charge rule should be permitted to intervene to defend the rule when the United States ceases to defend it.
The rule made an alien inadmissible "if at the time of application for admission or adjustment of status, [the alien] is likely at any time to become a public charge." A number of lawsuits challenging the rule were filed and resulted in preliminary injunctions blocking it.
The Trump administration appealed to the U.S. Supreme Court and the justices granted review in Dept. of Homeland Security v. New York, from the Second Circuit. But with the change in administrations, the United States announced in March that it would no longer pursue its appeals.
Arizona and a coalition of states moved to intervene to defend the rule in the Ninth Circuit, but a circuit panel denied their motion by a 2-1 vote.
"By stipulating to dismiss pending appeals challenging the Rule, the Administration managed to circumvent the APA rulemaking processes entirely, depriving the States of the input they would normally have," Arizona solicitor general Brunn Roysden III wrote in Arizona v. San Francisco. "This procedural gamesmanship has harmed and will continue to harm the Petitioning States for years to come."
The United States, opposing review, told the court, "Even if this litigation had not already become moot, moreover, intervention would have been improper because petitioners' alleged economic interests in the Rule are insufficient to support intervention, and equitable considerations weigh strongly against granting their belated request to intervene in an appeal challenging preliminary injunctions that do not apply in their jurisdictions."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Supreme Court Drops Facebook's Appeal in Securities Case as 'Improvidently Granted'
Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Under Suspension in California, Eastman Continues Supreme Court Practice
8 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250