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Professor David Driesen discusses SCOTUS case about the EPA’s authority to regulate with E&E News

Posted on Wednesday 3/2/2022
Professor David Driesen

Professor David Driesen discussed with E&E News how the Supreme Court is considering reducing EPA regulations related to combatting climate change. Driesen said the West Virginia v. EPA case raises the major questions doctrine, which relates to an agencies’ decisions on significant issues requiring approval from Congress.

“It’s a very scary move because it lends itself to ideological decision making. If you’re anti-regulatory, you’re going to imagine that the agency will be unreasonable in the future,” he said. “But this court is so anti-regulatory that it’s moving away from that framework.”