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🗓️ 3 March 2022
⏱️ 21 minutes
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0:00.0 | Hey, drilled listeners and damages listeners. This is a special episode that's dropping |
0:14.2 | in both feeds because there's some big important legal news happening in the climate world |
0:19.8 | this week. On Monday morning this week, the Supreme Court heard oral arguments in the |
0:24.5 | West Virginia versus EPA case. This is a very weird situation. The case started as an argument |
0:31.1 | about the clean power plan. That's an Obama administration policy that was in fact never |
0:36.2 | implemented. Why is this case moving forward? Good question. |
0:41.0 | Supreme Court could still decide not to rule in the case. That's an argument that was |
0:46.0 | made by the EPA that this case really shouldn't be in the courts anymore. But they spent |
0:52.0 | an awful lot of time asking questions so that seems unlikely. The good news is they don't |
0:57.8 | seem inclined to chuck out previous rulings like AEP versus Connecticut and Massachusetts |
1:04.4 | versus EPA, which had to do with whether or not the EPA was allowed to regulate greenhouse |
1:09.6 | gases. That's good. That was a big fear going into this. |
1:12.9 | The bad news. This obscure law that used to almost never come up in the Supreme Court, |
1:19.8 | suddenly has been a lot in the last couple of years. Came up a bunch, especially in the |
1:24.8 | conservative justices questioning. That law is called the major questions doctrine. |
1:31.2 | Sounds really boring. Possibly pretty scary. We're going to get into that and what happened |
1:36.6 | in this case and what could happen, what it all means with a couple of experts, Jason |
1:41.7 | Rylander from the Center for Biological Diversity and Richard Reves, a professor at New York |
1:47.6 | and Richard Reves, professor at NYU Law. And of course, I got up early to stream the |
1:53.8 | oral arguments and tape them. So we'll give you a little taste of what folks were saying |
1:57.8 | in court too. That's all coming up after this quick break. I'm Amy Westervelt and this |
2:04.0 | is drilled and or damages depending on where it's made. |
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