Scholars’ Circle – Regulatory challenges for EPA after West Virginia v. EPA Decision of 2022 – July 17, 2022

The Supreme Court has weakened executive agencies and their ability to regulate and make policy. No agency has been more affected than the Environmental Protection Agency (EPA). What is next for environmental protection? [ dur: 58mins. ]

Traditionally, the US Supreme Court has given executive branch agencies such as the Environmental Protection Agency quite a bit of latitude at enforcing Congressional legislation. This principle is called Chevron deference. But in this term, the Supreme Court weakened this principle significantly, in particular in the area of environmental protection. In West Virginia v EPA, the Court signaled that the EPA can only enforce on areas specifically outlined by Congress. Specifically, it weakened the agency’s ability to take regulatory steps to combat climate change. We will discuss what this means for the EPA, for public policy, and for the US’s ability to make international commitments on the environment.

This program is produced by Ankine Aghassian, Doug Becker, Mihika Chechi, Melissa Chiprin, and Sudd Dongre.