Commentary: Democrats’ Climate Law Does Not Overturn West Virginia v. EPA

“And whatever interpretive force one attaches to legislative history, the Court normally gives little weight to statements, such as those of the individual legislators, made after the bill in question has become law.” Barber v. Thomas, 560 U.S. 474, 486 (2010).

“The Court has previously found the post-enactment elucidation of the meaning of a statute to be of little relevance in determining the intent of the legislature contemporaneous to the passage of the statute.” Edwards v. Aguillard, 482 U.S. 578, 596 n.19 (1987).

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Supreme Court Hears Blockbuster Climate Case with Separation of Powers Implications

The Supreme Court heard arguments in West Virginia v. EPA on Monday, a blockbuster case that could have major ramifications in future separation of powers cases.

The case, which stems from an Obama administration climate rule, has wide-ranging implications for how the federal agencies may issue future regulations and rules, according to the parties that brought the case before the high court. States, environmental groups, large power utility companies, civil liberties organizations and pro-coal industry groups have inserted themselves in the case over the last several years, signaling the importance of the questions it has raised.

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