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 agency’s 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.”