
On June 30, 2022, by a 6-3 vote, the United States Supreme Court in West Virginia v. U.S. Environmental Protection Agency, 597 U. S. --- (West Virginia v. EPA), held that Section 111(d) of the Clean Air Act (42 U.S.C. § 7411) does not give the United States Environmental Protection Agency (EPA) broad authority to regulate greenhouse gas emissions from power plants as set forth in the Clean Power Plan (CPP). While the issue before the Court was narrow, the Court’s application of the “major questions doctrine” (whereby a court will not defer to an agency’s interpretation of a statutory provision in circumstances where the case involves an issue of deep economic or political significance) to invalidate the EPA’s exercise of authority will likely have significant consequences for federal agencies and the entities they regulate, particularly where an agency seeks to implement a novel regulatory program that is not explicitly authorized by statute.