The Supreme Court is hearing arguments Monday morning in West Virginia v. EPA, where red states and coal companies are asking the Court to dramatically limit the agency’s ability to regulate greenhouse gas emissions.
Legal experts were stunned that the Court took up this case in the first place, since both agency rules in question, one from the Obama administration and its replacement from the Trump EPA, are no longer operational. The Biden administration asked the Court not to take up the case over the defunct rules, saying that it’s working on a replacement that will likely inspire more litigation then anyway.
The Court didn’t listen. That struck court watchers as ominous, perhaps signaling that the conservative justices are too eager to curtail the EPA’s power to wait.