Today the Supreme Court decided West Virginia v. Environmental Protection Agency. Chief Justice Roberts wrote the opinion for the Court, rejecting claims that the case was non-justiciable and concluding that the EPA lacks broad authority to regulate greenhouse gas emissions from power plants under the Clean Air Act. Relying upon the "major questions" doctrine, the Chief Justice explained that Section 111 of the Clean Air Act does not allow the EPA to require generation shifting (i.e. the replacement of coal with renewable energy) to reduce greenhouse gas emissions. For quick background, my prior posts on the WVA case are indexed here.
The Chief Justice's opinion for the Court was joined by the Court's conservatives. Justice Gorsuch has a concurring opinion, joined by Justice Alito. Justice Kagan writes the dissent on behalf of herself and the other liberal justices.
As a threshold matter, the Chief Justice explains that the case is justiciable. Even though the EPA is not currently enforcing greenhouse gas limits under Section 111. This is because the question on appeal is whether the petitioners experience an injury that is fairly traceable to the judgment below, and they easily meet that standard (as I noted here). Further, the government's stated intention to adopt new rules does not moot the case. Of note, Justice Kagan concedes the Court had jurisdiction to decide the case, and that it is not moot for purposes of Article III, but she makes clear she wishes the Court had declined to hear the case on prudential grounds.
