West Virginia v. EPA: The Supreme Court's Climate Change Decision That Limits Federal Administrative Power

Events / August 16, 2022
11:30am - 12:30pm CT


The Supreme Court’s ruling in West Virginia v. Environmental Protection Agency, widely reported as a climate change decision, has the potential to fundamentally limit the power of federal agencies to implement and enforce federal law. The Supreme Court’s 1984 ruling in Chevron v. Natural Resources Defense Council held that courts must defer to "reasonable" executive branch interpretations of "ambiguous" Congressional statutes. Over the past 38 years, the ruling has had profound impacts on the power of federal agencies, allowing them to enact policies and rules to fill in perceived gaps that may not necessarily been expressly authorized by the text of existing law. But on June 30, the Supreme Court set the stage for a potential abandonment of Chevron by ruling in West Virginia v. Environmental Protection Agency to restrict the EPA’s authority to limit carbon emissions from power plants. The 6-3 ruling immediately affects the EPA, but the ramifications of this decision will reverberate throughout the federal government, potentially restricting federal agencies from enacting policies and rules that are not expressly granted by federal law.

BakerHostetler, counsel for Westmoreland Holdings before the Supreme Court in West Virginia, invites you to a webinar that will cover the case and its implications on future regulations. Panelists include attorneys and inside counsel with first-hand knowledge of the case:

  • Summary of the EPA Action;
  • Litigation History – Clean Power Plan Rule to the Affordable Clean Energy Rule;
  • Supreme Court Decision; and
  • Major Questions Doctrine, the Future of Chevron Deference and Potential Impacts on Federal Administration Power.
  • Jeremy Cottrell – General Counsel and Corporate Secretary, Westmoreland Mining Holdings
  • Martin T. Booher – Environmental Team Leader, BakerHostetler
  • Mark W. DeLaquil – Lead Counsel for Westmoreland Mining Holdings in West Virginia, BakerHostetler
  • Andrew M. Grossman – Appellate and Major Motions Team Co-Leader, BakerHostetler

Approved for 1.0 hours CLE credit in California, New York, Pennsylvania and Texas. Available via reciprocity in New Jersey. Credit is pending in Colorado, Florida, Georgia, Illinois, Ohio, Virginia and Washington. Other states may be available upon request.

Please contact Courtney Daniel at with questions.