Supreme Court

In three front-page rulings this summer, the U.S. Supreme Court made sweeping changes to the ways that federal judges will review future agency actions—including a rejection of its longstanding Chevron

As global efforts intensify to mitigate climate change, carbon capture has emerged as a vital technology to curb greenhouse gas emissions. Power generation, a major source of global carbon dioxide (CO2) emissions, is under increasing pressure to adopt technologies that reduce its carbon footprint. As highlighted by recent rulings and federal initiatives, the focus on […]

The U.S. Supreme Court has said that rules requiring power plants burning fossil fuels to reduce emissions of toxic substances can stand, dealing a blow to several Republican-led states and some power generators that had challenged the regulations. The Environmental Protection Agency (EPA) in May of this year finalized rules on emissions of mercury, after […]

The Supreme Court’s landmark decision this past summer in Loper Bright Enterprises v. Raimondo marks a significant shift in administrative law by overturning the long-standing principle of Chevron deference, which was established in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. in 1984. The Loper ruling from earlier this year is poised to have […]

The U.S. Supreme Court on June 28 overturned the Chevron doctrine—a forty-year-old precedent—significantly curtailing the power of federal agencies to interpret ambiguous statutory provisions, even in areas of agency expertise. The landmark 6–3 decision could have far-reaching effects on the power industry, with specific impact on sweeping energy regulations from the Environmental Protection Agency (EPA) […]

The U.S. Supreme Court in a 5–4 vote blocked enforcement of the Environmental Protection Agency’s (EPA’s) final “Good Neighbor Plan,” a rule intended to significantly cut smog-forming nitrogen oxide (NOx) pollution from power plants and other industrial facilities in 23 states. In the meantime, the applicants, which include the states of Ohio, Indiana, and West […]

The Environmental Protection Agency (EPA) is readying a regulatory sweep targeting more stringent limits on traditional pollutants that could accelerate coal power plant closures. A coal trade group estimates that even without new rules, 86 GW of coal generation is slated to retire by 2030. While the U.S. Supreme Court in June curtailed the EPA’s […]

On the final day of the Supreme Court’s term, the Court ruled in favor of West Virginia and other petitioners challenging the claimed regulatory authority that underlaid the Clean Power Plan (CPP)—the

Reaction on both sides of the issue was swift after the U.S. Supreme Court in a 6-3 vote said the U.S. Environmental Protection Agency (EPA) should not have the authority to broadly regulate emissions of greenhouse gases (GHG) from the nation’s power plants. The case, West Virginia vs. EPA, could have ramifications for federal government […]

The U.S. Supreme Court has curbed the Environmental Protection Agency’s (EPA’s) options for limiting emissions of greenhouse gases (GHG) from power plants, an important environmental decision that could impact the federal government’s authority to enforce other regulations. The court in a 6-3 vote, with conservatives in the majority, on June 30 said the EPA does […]