The legal doctrine that the conservative justices used to strike down an EPA regulation in late June is popping up in a host of new legal challenges — including many having nothing to do with climate change.
Last month, Chief Justice John Roberts and his conservative cohorts ruled against an obsolete EPA plan to create a new but largely undefined doctrine that federal judges across the country will use to stymie all manner of federal agency rulemaking.
The agency will still be allowed to regulate many forms of air pollution, but would need explicit direction from Congress on how to tackle some of the worst aspects of climate change and other pressing issues.