Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
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This episode was produced by Melody Rowell and and engineered by Dave Stotz. Research was provided by Vishan Chaudhary, Eliot Peck, Sam Desai, and Lana Ulrich.
Participants
Jonathan Adler is the inaugural Johan Verheij Memorial Professor of Law, and founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law. His most recent book is Marijuana Federalism: Uncle Sam and Mary Jane. He regularly contributes to the legal blog, The Volokh Conspiracy.
Lisa Heinzerling is the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. Among other books, she has written a casebook called Environmental Law and Policy: Nature Law and Society. She was also the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources
- Listen to oral argument in West Virginia v. EPA
- Jonathan Adler’s preview of West Virginia v. EPA
- “Nondelegation on Steroids,” NYU Environmental Law Journal, by Lisa Heinzerling
- Listen to “The EPA, Federal Power, and the Future of Climate Regulations” from March 2022
- Read the Supreme Court’s opinion in West Virginia v. EPA
- “Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants,” by Jonathan Adler for The Volokh Conspiracy
- Read “Massachusetts v. EPA: Where are we now?,” interviewing Lisa Heinzerling, in E&E News
TRANSCRIPT
This transcript may not be in its final form, accuracy may vary, and it may be updated or revised in the future.
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