West Virginia v. EPA Limits the Federal Government’s Power to Promote Clean Energy and Combat Climate Change

The Supreme Court decided West Virginia v. EPA on Thursday, June 30, 2023, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the Clean Air Act. But a closer read suggests more sweeping, longer-term implications for incentivizing the development of clean energy projects nationwide.

What is the case about?

The case resolves a years-long dispute over EPA’s authority to issue the Clean Power Plan, which set limits on greenhouse gas emissions for power plants in all fifty states.