How Will West Virginia v. EPA: Impact the Future of Climate Policy?

THE DEBATE Last term’s decision in West Virginia v. EPA only targeted EPA’s authority under one provision of the Clean Air Act. But the concern remains whether other policies, for climate and beyond, could also become “major questions,” potentially restricting future agency action. That is an important issue, given the congressional gridlock on environmental law over the last few decades. What will legal review of climate and other environmental policies look like under the major questions doctrine?