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In the keynote panel from the Gray Center's May conference, moderator Adam White (Gray Center, AEI) speaks with Michael Williams (West Virginia Solicitor General) and Matt Leopold (Holland & Knight and former EPA General Counsel) about federal energy and environmental regulation, focusing on the Supreme Court’s pending Suncor v. City of Boulder case and broader post-Chevron litigation dynamics.
The case concerns whether state tort law can be used to impose liability for climate change damages and effectively regulate interstate emissions, raising preemption and territorial-jurisdiction concerns. The discussion covers potential federal common law and Clean Air Act preemption, limits on extraterritorial regulation, and skepticism of Dormant Commerce Clause arguments. They connect these issues to the EPA’s current deregulatory efforts, the end of Chevron deference after Loper Bright, and questions about Mass. v. EPA.
Show notes:
