Abstract
Amongst the US Supreme Court's more controversial decisions this past term was one which, by most accounts, garnered equal amounts of approbation and dismay. In the June 30, 2022 West Virginia v. Environmental Protection Agency (“West VA”) ruling, a staunch majority of the High Court ruled that the Environmental Protection Agency (EPA) lacked the statutory authority to impose radical changes upon the electricity generation industry. Some applauded the decision as a much‐needed check on unbridled administrative power. Others disapproved of thwarting the regulators from compelling a much‐needed shift in energy production away from fossil fuels and toward renewable energy generation sources.
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