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We the People

The EPA, Federal Power, and the Future of Climate Regulations – Part 2

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 8 July 2022

⏱️ 63 minutes

🧾️ Download transcript

Summary

Back in March, we recapped oral arguments in West Virginia v. Environmental Protection Agency, a case concerning the EPA’s authority to regulate greenhouse gas emissions. On the last day of its term, the Supreme Court issued a 6-3 opinion dealing a significant blow to the federal government’s ability to enact climate regulations, and calling into question the future of the administrative state. Joining us to unpack the opinion is Jonathan Adler, inaugural Johan Verheij Memorial Professor of Law and founding director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law; and Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

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0:00.0

Hello, I'm Jeffrey Rosen, president and CEO of the National Constitution Center,

0:09.2

and welcome to We The People, a weekly show of constitutional debate. The National Constitution Center is a

0:15.0

nonpartisan nonprofit chartered by Congress to increase awareness and

0:20.3

understanding of the Constitution among the American people.

0:25.0

The court recently decided West Virginia versus Environmental Protection Agency.

0:31.5

That case questions the EPA's authority to regulate greenhouse gas emissions and to help

0:38.0

us understand the implications of the decision for combating climate change and for the future

0:42.4

of the administrative state,

0:44.0

we are joined by two of America's leading experts on environmental law and the administrative state.

0:49.0

They were here to recap oral arguments in the case and it's wonderful to welcome them back to the show.

0:54.9

Jonathan Adler is the inaugural Johann Verhi Memorial Professor of Law and founding director of the Coleman

1:00.8

P Burke Center for Environmental Law at the Case Western Reserve University School. of the and he's a regular contributor to the Valle conspiracy.

1:13.7

Jonathan, welcome back to We The People.

1:15.7

Great to be here.

1:16.9

And Lisa Heinterling is the Justice William J Brennan Jr.

1:20.0

Professor of Law at the Georgetown University Law Center.

1:23.3

Among other books, she's written a case book called

1:25.4

Environmental Law and Policy, Nature, Law and Society.

1:29.1

She was also the lead author of the winning briefs

1:31.4

in Massachusetts versus EPA, in which the court held that

1:34.8

the Clean Air Act gives the EPA authority to regulate greenhouse gases.

1:38.8

Lisa, thank you so much for coming back on the show.

...

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