West Virginia v. EPA: It’s Dé·jà Vu All Over Again

Image courtesy of US Bureau of Land Management

· The decision in West Virginia v. EPA is as important for what it doesn’t say as for what it does.

· Although the Supreme Court left in tack many of EPA’s regulatory powers, it limited its regulatory reach on existing stationary sources of greenhouse gases.

· Without the need to win over “swing” justices, the conser­vat­ive wing of the US Supreme…