‘Major questions’ ruling opens door to scores of EPA rule challenges

Source: By Inside EPA • Posted: Tuesday, July 5, 2022

The Supreme Court’s June 30 decision that EPA is barred from mandating electricity generation shifting from dirtier energy sources to cleaner ones under the so-called “major questions” doctrine opens the door to countless other rule challenges and potential court rulings based on the same theory, attorneys are warning.
For EPA, this could potentially impact its ability to grant California’s Clean Air Act waiver of preemption to set stricter vehicle GHG rules, for example, according to Richardson. And Republican attorneys general are already challenging EPA’s model year 2023-26 auto GHG standards, arguing that the rule violates the major questions doctrine and the Clean Air Act “by preferencing electric vehicle [EV] technology over other emission-reduction technology.”

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