The presentation centers on the key decision from the Supreme Court of the United States in June 2022 in West Virginia v. EPA using the controversial “major questions” doctrine to strike down the Obama EPA’s Clean Power Plan regulations promulgated through CAA section 111(d). The decision invalidated a sweeping set of regulations based on a broad statutory interpretation premised on shifting the generation of electricity away from coal-fired plants and toward natural gas and renewable energy. The figure of speech associated with the “major questions” doctrine as it has evolved is clever, very popular, but also clichéd. So, the presentation will try to delve into the opinions for the majority as well as the concurring and dissenting opinions to gain perspective on just how significant the opinion is for the future of the regulation of greenhouse gases by EPA. to curb climate change and for administrative law more broadly. 

Steven Stout, Tennessee Department of Environmental Conservation 

Khurshid Mehta, Tennessee Valley Authority

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