Credit: iStock/kamilpetran

by Jasmin Enciu

The Supreme Court is set to decide one of the most consequential environmental cases it has heard in decades.  West Virginia v. Environmental Protection Agency will address whether the Environmental Protection Agency (EPA) shall continue to have the authority to regulate the levels of greenhouse gas emissions. This case puts the EPA in an extremely vulnerable position. VOX News reporter Ian Millhiser even stated, “West Virginia could wind up permanently hobbling the government’s ability to fight climate change.”

West Virginia threatens all government regulations that protect the public, not just the EPA. It is also concerning since the Supreme Court has recently taken an anti-agency regulation stance on many cases. The court has used the “major questions doctrine” in these instances to prevent agency actions from addressing important issues. For example, they recently struck down the CDC’s coronavirus eviction mortarium, which paused evictions for Americans who were suffering and not able to make rent due to the rise in COVID-19 cases. The Majority opinion stated: “It is indisputable that the public has a strong interest in combating the spread of the COVID-19 delta variant…but our system does not permit agencies to act unlawfully even in pursuit of desirable ends…it is up to Congress, not the CDC, to decide whether the public interest merits further action here,”