On June 30, 2022, the United States Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), issuing a challenge to the purview of the Clean Power Plan. Under the Clean Power Plan, the EPA determined that the best system of emission reduction for existing coal and natural gas plants included generation shifting, the process of shifting electricity production from higher-emitting to lower-emitting producers. For authority, the Agency cited Section 111 of the Clean Air Act, which permits the regulation of certain pollutants from existing sources under Section 111(d).
To provide context for how the majority decision in West Virginia v. EPA came to be, here are 5 Supreme Court cases that led up to the case: