Cases & Deals

Coal companies ask Supreme Court to circumscribe EPA's power

Clients North American Coal Corporation

Arguing on behalf of the North American Coal Corporation, Jones Day urged the Supreme Court to overturn a D.C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions. The lower court had vacated a Trump-era regulation that, in turn, had rescinded the Obama-era "Clean Power Plan." The dispute hinges on the scope of authority delegated to the agency under Section 111(d) of the Clean Air Act. Jones Day argued that the provision authorizes the agency only to identify measures that would reduce the emissions rate of individual plants, as opposed to measures that would shift the entire energy system away from fossil fuels. A broader authorization would require a clear statement from Congress under the "major questions" doctrine that the Supreme Court has invoked in a series of recent, high-profile cases.

West Virginia v. EPA, No. 20-1530 (U.S.) and consolidated cases