In West Virginia v. Environmental Protection Agency, will the U.S. Supreme Court allow the EPA to proceed with comprehensive carbon dioxide regulation against power plants?
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This market will resolve to "yes" if, in West Virginia v. EPA (2022), the Supreme Court affirms the D.C. Circuit Court of Appeals' decision in American Lung Association v. Environmental Protection Agency (2019), specifically: if the Supreme Court affirms that the EPA's authority under 42 U.S.C. § 7411(d) generally authorizes the carbon dioxide regulations contained in the Clean Power Plan, and that Congress was able to delegate that power to the EPA by statute.
This market will resolve to "no" if the Supreme Court reverses the D.C. Circuit's decision, specifically: if the Supreme Court rejects the EPA's authority under 42 U.S.C. § 7411(d) to issue comprehensive carbon dioxide regulations, and/or finds that Congress had no authority to delegate such power to the EPA in the first place.
If West Virginia v. EPA is decided on technical grounds, this market will resolve to "yes" if the Clean Power Plan could in principle go into effect as a consequence of the ruling.
This market will resolve to "N/A" if West Virginia v. EPA is dismissed as improvidently granted, held for rehearing, or is not decided by 15 July 2022.
The market will not be resolved before 1 July 2022 or after 20 July 2022.
Feb 19, 10:46am: SCOTUSBlog case coverage: https://www.scotusblog.com/case-files/cases/west-virginia-v-environmental-protection-agency/
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