In the Wake of West Virginia v. EPA: Legislative and Administrative Paths Forward for Science-Driven Regulation. Safeguarding Government Regulation from Improper Judicial Interference

CONTENTS Executive Summary 3 Legislative Actions 4 Executive Branch Actions 5 Introduction 6 Background 7 The Role of Science-Driven Regulation 7 Growing Tension between the Judiciary and an Effective Regulatory System 8 West Virginia v. EPA 12 The Facts of the Case 12 “Policymaking from the Bench” 13 The Decision 14 Implications for Science-Driven Regulation 15 Recommendations: Potential Legislative and Administrative Responses 18 Legislative Solutions 18 Codify Chevron Deference 18 Pass the Scientific Integrity Act 18 Amend Legislation to Ensure that Agencies Have Authority to Handle Major Questions of Vast Economic and Political Significance 19 Administrative Solutions 19 Flood the Zone: Take More Regulatory Action 19 Nonacquiescence 21 Multifaceted Agency Efforts to Address Climate Change 22 Figure. Total US Global Warming Emissions by Economic Sector in 2020 23 Conclusion 27 Authors 27 Acknowledgments 27 References 28 Endnotes 33