Review: WV vs EPA

Bottom Line: NPGA strategizing current rulemakings in light of West Virginia v. EPA.

On the heels of last week’s West Virginia v. EPA decision by the Supreme Court of the United States, NPGA and regulatory counsel dived into the technicalities of the opinion to analyze how it may shape agency actions.  While we continue to evaluate the potential advantages of the Court’s decision, our regulatory counsel with expertise in agency efficiency and environmental rulemaking has provided an overview memorandum for our members to review.  The memorandum is available on the Member Dashboard under the Regulatory tab.

At a high level, the decision weakens federal agencies and strengthens reviewing courts on actions pertaining to agency rulemaking.

The Court’s decision may bolster NPGA’s advocacy to the U.S. Department of Energy regarding several on-going rulemakings to set product efficiency standards.  For example: While the Department of Energy’s statutory authority to set efficiency standards is defined in the Energy Policy and Conservation Act, NPGA will argue that it does not clearly define the agency’s authority to regulate certain product types like decorate fireplace logs or outdoor propane products.

Questions? Contact NPGA President, Steve Kaminski, or NPGA Vice President, Regulatory & Industry Affairs, Sarah Reboli.