Abstract
In July 2020, the US Supreme Court issued its landmark decision in the case West Virginia v. Environmental Protection Agency (EPA), restricting EPA's authority, independently or at the behest of the President, to promulgate new regulations in certain circumstances. In this specific case, the Court's decision involved the Obama‐era “Clean Power Plan” (CPP), which required substantial changes to reduce greenhouse gas (GHG) emissions from electric generation resources, and its potential successor under the Biden Administration. The ruling protects coal‐fired generation from being eliminated by regulators (although as we have already seen, ordinary market forces favoring natural gas did the job instead). As a result, industries and political factions that would like to see EPA regulation reined in are, shall we say, pretty happy.
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