West Virginia v EPA : Worst-Case Scenario and What Comes Next

Drilled

Critical Frequency

True Crime, Earth Sciences, Social Sciences, Science

4.8 • 2.3K Ratings

🗓️ 28 June 2022

⏱️ 44 minutes

🔗️ Recording | iTunes | RSS

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Summary

The Supreme Court is dragging its feet releasing a ruling in the controversial West Virginia v EPA case. Today we look at the roots of that case, its position in the rightwing judicial strategy, and what avenues for climate action would remain in the wake of a worst-case scenario ruling

Transcript

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0:00.0	The Supreme Court was expected to rule this morning in the case West Virginia versus EPA.
0:20.1	They did not issue a ruling.
0:22.4	They may issue one tomorrow.
0:23.7	It might be Wednesday, maybe later in the week.
0:27.5	Nobody knows.
0:29.5	Completing matters further.
0:30.5	Given that it's been held to the end of this current Supreme Court session, folks
0:36.1	were speculating that it will either be a remarkably terrible ruling or that they'll
0:42.1	decide that actually they really shouldn't be ruling at all in this case.
0:46.1	I spoke with Richard Reves, a law professor at NYU School of Law and director of the
0:51.3	Institute for Policy Integrity there about that option earlier this year.
0:56.5	Well, before the oral argument, I had the very strong sense that the right thing for
1:02.1	the court to do was not to decide this case and to dismiss it.
1:08.5	The Supreme Court has a mechanism for dismissing cases that was improvidently granted.
1:14.1	And it's not something it does frequently, but on average it's been doing it about twice
1:18.8	a year in recent years.
1:22.1	In this case seems like an excellent candidate for that disposition because there is no regulation
1:29.7	in place.
1:32.2	The Clean Power Plan is not in place.
1:38.2	And the Affordable Clean Energy Rule is not in place.
1:40.3	The Clean Power Plan, of course, was the Obama administration regulation of the greenhouse
1:44.9	gas emissions and existing power plants.
	...

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