As a Supreme Court Decision Hanging in the Balance, a Novel Argument: Regulate Greenhouse Gases Under TSCA

As we wait to hear whether the Supreme Court will toss WV v EPA altogether or apply the major questions doctrine to broadly rule against the EPA regulating greenhouse gases, period, a group of climate scientists and advocates are filing a petition this morning demanding that the EPA regulate greenhouse gas emissions—not under the Clean Air Act, the legislation in question in West Virginia v EPA, but under a law no one has yet applied to climate change, the Toxic Substances Control Act.

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