Tag Archives: West Virginia v. EPA

Biden Takes ‘Critical First Step’ to Fix Landmark Environmental Law Gutted by Trump

“The Biden administration cannot stop here,” said one advocate, calling on the White House “to ensure we tap NEPA’s full potential to address the unprecedented environmental challenges we face now.”

By Jessica Corbett  Published 4-19-2022 by Common Dreams

While welcoming the White House’s move Tuesday to repair some of the damage that the Trump administration did to a federal law known as “the Magna Carta of environmental legislation,” green groups also urged President Joe Biden to go even further.

The White House Council on Environmental Quality (CEQ) finalized its “phase 1” rule for the National Environmental Policy Act (NEPA), reaffirming that federal agencies reviewing infrastructure projects such as highways and pipelines must consider all relevant environmental impacts, including those that are climate-related. Continue reading

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The Supreme Court could hamstring federal agencies’ regulatory power in a high-profile air pollution case

Coal piles outside of PacifiCorp’s Hunter power plant in Castle Dale, Utah.
George Frey, AFP, via Getty Images

Albert C. Lin, University of California, Davis

On Feb. 28, 2022, the U.S. Supreme Court will hear oral arguments in West Virginia v. EPA, a case that centers on the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions that drive climate change. How the court decides the case could have broad ramifications, not just for climate change but for federal regulation in many areas.

This case stems from actions over the past decade to reduce greenhouse gas emissions from power plants, a centerpiece of U.S. climate change policy. In 2016, the Supreme Court blocked the Obama administration’s Clean Power Plan, which was designed to reduce these emissions. The Trump administration repealed the Clean Power Plan and replaced it with the far less stringent Affordable Clean Energy Rule. Various parties challenged that measure, and a federal court invalidated it a day before Trump left office. Continue reading

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Air and Water Under Threat as SCOTUS Targets Environmental Laws

“It seems like we have a new conservative supermajority on the court that is much more inclined to do a slash-and-burn expedition through our major environmental laws.”

By Julia Conley   Published 1-25-2022 by Common Dreams

Coastal Wetlands at Parker River National Wildlife Refuge in Newburyport, MA.
Ohoto: Kelly Fike/USFWS/flickr/CC

Environmental advocates and congressional Democrats are raising alarm after the U.S. Supreme Court this week agreed to hear arguments in two cases regarding bedrock regulations designed to protect the quality of the nation’s air and water.

The nine justices announced Monday that they plan to hear arguments in the case of an Idaho couple who were blocked from building a home on their land by the Clean Water Act. According to the Environmental Protection Agency (EPA), Chantell and Michael Sackett’s land contained wetlands and the couple needed a federal permit to build. Continue reading

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