West Virginia v EPA In Perspective

A group called Power for Tomorrow should probably have a take on West Virginia v EPA, the Supreme Court ruling that struck down the Obama-era Clean Power Plan.  Here it is. 

Constitutional scholars will find much of interest in what it means for separation of powers, and the balance between Congress’s need to give clear authority to agencies for “major questions.” But for the utility sector generally, the questions and policy choices will remain where they have been for some years now: the states.  States have been acting on their own climate goals with increasing urgency (and differences), and West Virginia v. EPA means it will be more that, and more so.  To be sure, confronting a global collective action problem with action by individual U.S. states is more than a bit, shall we say, Quixotic.  But that is where we are, and the planning and policy mandates in the states are where we will be for the foreseeable future. 

Much will be made in the coming days and months about what this decision means from an administrative law and EPA regulatory perspective, to be sure.  But the reality is regulated utilities are doing Clean Power Plan-like activities anyway under the auspices of their regulators.  That will continue to be the case, and there is no “major question” there.