West Virginia v. EPA
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Search complete. 6 mentions across 6 episodes found for "West Virginia v. EPA".
Oct 15, 2026
Matt LeopoldGUEST
to the consternation of some of the Justice Department attorneys who were wondering what we were doing and why we didn't make a Chevron 2 argument.
Matt LeopoldGUEST
But that ultimately laid the foundation for West Virginia v. EPA in the major questions doctrine.
Matt LeopoldGUEST
And then, of course, following on Loper Bright.
Matt LeopoldGUEST
And so we're in a completely different climate and regulatory environment based on what I call an administrative law revolution, right? I didn't be able to have the benefit of as the GC of EPA.
Matt LeopoldGUEST
Um, you know, going back, I served in the first Trump administration, and we, we were laying the seeds at that time to, um, overrule Chevron deference, and in fact, you know, that we specifically avoided, uh, arguing for deference in any of our cases upholding our regulations, what, to the, to the consternation of some of the Justice Department attorneys who Um, were wondering what we were doing and why we didn't make a Chevron two argument.
Matt LeopoldGUEST
And but that ultimately laid the foundation for West Virginia v. EPA to, um, in the major questions doctrine a-and then of course, uh, following on Loper Bright.
Matt LeopoldGUEST
And so, um, you know, we're in a different, a completely different climate and regulatory environment based on what I call an administrative law revolution that I, I didn't be able to have the benefit of as the GC of EPA.
Matt LeopoldGUEST
But now, now that the new [clears throat] administration is here, it's, it's logical and natural to revisit prior decisions, including this two thousand and nine endangerment finding that the Obama administration made about whether greenhouse gas is in danger.
Mary MuncyCORRESPONDENT
Since the Obama administration, several related cases have gone to court.
Kenny SteinSOUNDBITE_SPEAKER
The Supreme Court in the interim has passed decisions, particularly West Virginia v. EPA, where they sort of spelled out what they've called the major questions doctrine.
Mary MuncyCORRESPONDENT
It says that Congress must mandate any federal actions that have a major impact.
Mary MuncyCORRESPONDENT
The Trump administration argues the Biden-era regulations fit that description.
Andrew TorrezHOST
Yeah, I, I am still putting myself in the 2020 mindset.
Andrew TorrezHOST
We have seen the West Virginia v. EPA memos-
Liz DyeHOST
Yeah
Andrew TorrezHOST
... and I think he's in full puppet master mode here.
Rob SchillingHOST
Right.
Gregory WrightstoneGUEST
And they, they made a land- their landmark decision in West Virginia v. EPA in 2024, established, uh, the major questions doctrine that said that major questions like this concerning dangers from a thing like climate change, any changes have to be done legislatively.
Rob SchillingHOST
Mm-hmm.
Gregory WrightstoneGUEST
Uh, we can't regulate it, and the same goes for counties and states.
Paul EngelHOST
He said Biden's EPA never bothered proving that the carbon capture technology was adequately demonstrated.
Paul EngelHOST
He also falsified an EPA for ignoring a Supreme Court decision in West Virginia v. EPA from back in 2022, where the court decided 6-3 that the EPA does not have the authority to broadly restructure America's energy sector by forcing power plants to shift from fossil fuels to renewable energy.
Paul EngelHOST
He also noted that even if we eliminate all greenhouse gas emissions from power plants tomorrow, there'd be no meaningful impact on global climate change.
Paul EngelHOST
So here you had the EPA, and again, they would just let them eat cake.