Credit: iStock/kamilpetran

February 28, 2022 – Acting Director Shaun Goho is featured in Harvard Law Today discussing West Virginia v. EPA, which is currently before the U.S. Supreme Court and is scheduled for oral argument today.  The question before the Court in this case is whether the Environmental Protection Agency (EPA) can take into account “beyond the fenceline” measures when regulating greenhouse gas emissions from existing power plants under section 111(d) of the Clean Air Act.  In addition to providing background on this case, Goho discusses the arguments of EPA and the petitioners, as well as the consequences of different potential rulings from the Court.  The outcome of the case will have implications for the Biden Administration’s climate agenda and may affect the scope of deference afforded to other government agencies on a variety of policy issues.

Please click here to view the Harvard Law Today article – SCOTUS preview: West Virginia v. EPA