The lead case-West Virginia v. EPA-questions the constitutionality of an ancillary provision of the Clean Air Act that, according to a divided panel of the U.S. Court of Appeals for the D.C. Circuit, gives the EPA broad power to regulate almost any part of the economy that produces greenhouse gases.
In the 2007 case Massachusetts v. EPA, the Supreme Court settled the question of "Whether," determining that the EPA could regulate greenhouse gas emissions as an "Air pollutant" under the Clean Air Act, despite silence from Congress in the statute.
There, the court held that the Trump administration's withdrawal of the Clean Power Plan and its own attempt to rewrite regulations were arbitrary and capricious and that the EPA has almost unlimited power to regulate greenhouse gas emissions from power plants.
The Supreme Court has weighed in once already on the EPA's activities.
Reading Tea Leaves: What Supreme Court's Decision Could Mean for EPA and Runaway Administrative State The Supreme Court's decision will have implications for the Biden administration's intended regulation of greenhouse gas emissions from power plants, how and where Americans get energy, and how much more it will cost.
The case could also have far-reaching implications for the ever-expanding reach of executive branch agencies if the Supreme Court sides against the EPA, as is likely.
In deciding West Virginia v. EPA, the Supreme Court could hold that the D.C. Circuit's opinion violated the major questions doctrine by giving the EPA sweeping authority to regulate most sectors of the economy without a clear congressional mandate.
https://www.heritage.org/courts/commentary/supreme-court-takes-challenges-near-limitless-power-epa
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