“SCOTUS probes EPA power as climate scientists sound alarm”
David Driesen, University Professor in the College of Law, was quoted in the E&E News story “SCOTUS probes EPA power as climate scientists sound alarm.” The U.S. Supreme Court recently signaled interest in curbing the Environmental Protection Agency’s (EPA) role in tackling climate change despite a major scientific report calling for greater government action. Driesen, an expert on environmental law, explained that it didn’t appear that the justices fully understood what they were reviewing due to the complexities of administrative law.
When reviewing the West Virginia case the court also frequently stated that the case was raising a “major question” that needed insight from Congress. “It’s a very scary move because it lends itself to ideological decision making. If you’re anti-regulatory, you’re going to imagine that the agency will be unreasonable in the future,” Driesen said.