Yesterday, in West Virginia v. Environmental Protection Agency, the Supreme Court concluded that the Environmental Protection Agency lacks the power under Section 111 of the Clean Air Act to base greenhouse gas emission limits for power plants based on generation switching. I summarized the ruling here. (Prior posts on the case are linked here.)
Justice Elena Kagan wrote a powerful dissent, challenging the majority's interpretation of the Clean Air Act and its express reliance on the "major questions doctrine" to narrow the scope of EPA's authority.
Justice Kagan's dissent concludes with a forceful challenge to the Court's avowed textualists. From Kagan's opinion:
