The Impact of West Virginia v. EPA on Challenges to FERC’s Authority Under the Major Questions Doctrine

In the Spring 2022 issue of the EBA Brief, Harvey Reiter highlighted a significant legal development that implicated the authority of federal regulatory agencies, including the Federal Energy Regulatory Commission (FERC). This article picks up where Reiter’s left off to address West Virginia v. EPA—the most recent Supreme Court case involving the major questions doctrine, and the first Supreme Court majority opinion expressly referencing and exploring the doctrine.