West Virginia

The fragility of state regulation after West Virginia v. EPA

Published

2 years ago

July 3, 2022

The fragility of state regulation after West Virginia v. EPA

In West Virginia v. EPA, the Supreme Courtroom restricted the Environmental Safety Company’s (EPA) authority to control carbon dioxide emissions from energy vegetation, dealing a major blow to the company’s means to deal with local weather change. The court docket held that the EPA’s interpretation of Part 111 of the Clear Air Act offered an “extraordinary case” due to the importance of the facility the company claimed. The court docket concluded that the EPA lacked the statutory authority it asserted.

In reaching its conclusion, the court docket relied on the controversial “main questions doctrine.” The key questions doctrine is a comparatively new interpretative maxim that directs courts to presume that Congress doesn’t intend to vest businesses with policymaking authority over questions of nice financial and political significance. Solely Congress’s “clear assertion” that it did intend to confer the claimed authority can overcome this presumption. When a court docket employs this maxim, it reads statutes narrowly, stripping the company of the facility to deal with the main query that the statute, on its face, offers the company the authority to deal with.

Unsurprisingly, the principle focus of the media, students and the general public is on the implications of the court docket’s transfer for the dimensions and contours of the federal administrative state. Will federal businesses be capable to guarantee the security of meals, medication and consuming water? Will they be nimble sufficient to deal with emergent well being points, just like the ever-changing problem posed by COVID-19? In an period of persistent congressional gridlock, the blow to company authority precipitated by West Virginia v. EPA calls into query whether or not federal businesses can proceed to do, typically invisibly, the work that the American folks have come to count on of them.

The affect of the court docket’s ruling on federal company authority and energy can’t be overstated. However an equally essential consequence, albeit one which has obtained far much less consideration, is the transformative impact the ruling may have on state regulatory applications. As a result of state regulatory authority is commonly tethered to requirements created by Congress or federal businesses, the diminution of federal regulatory authority guarantees to destabilize state regulation as properly. Numerous state regulatory applications may be thought of fragile as a result of they regulate by incorporating federal statutes or rules into state regulation. If these federal schemes are learn exceedingly narrowly, because the court docket’s opinion heralds, then the state regulatory applications tied to them can be imperiled as properly.

Contemplate the connection between state regulatory applications and Part 111 of the Clear Air Act, the availability learn narrowly in West Virginia v. EPA. An examination of state air high quality requirements reveals that almost all states particularly incorporate by reference elements of Part 111 into their very own statutes and rules. Some states incorporate federal regulation immediately, offering that the EPA’s Part 111 determinations are a part of state regulation. Different states incorporate the EPA’s Part 111 determinations as a benchmark for state regulation, offering that state air high quality requirements will not be much less stringent than these promulgated by the EPA. Nonetheless different states require their environmental businesses to promulgate guidelines just like federal requirements made pursuant to Part 111. And a few states even present that associated state regulation is not efficient if federal guidelines made pursuant to Part 111 are invalidated.

As a result of so many state statutes and rules depend upon the validity of Part 111 and the rules promulgated underneath it, the court docket’s opinion in West Virginia v. EPA not solely drastically limits federal authority, it additionally has the impact of imperiling the various state regulatory applications that depend upon federal requirements for his or her existence.

And, in fact, Part 111 is simply an instance. Numerous state regulatory applications are tethered to federally created requirements, ranging in material from meals and medicines to banking to labor, amongst many others.

Because of this, the court docket’s opinion strengthening the main questions doctrine threatens to depart quite a few fields underregulated not solely on the federal stage, but additionally on the state stage.

Evan C. Zoldan is a professor of regulation on the College Toledo School of Regulation, the place he researches and teaches laws and administrative regulation. Comply with him on Twitter: @eczoldan.

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West Virginia

Girl found safe after going missing on Halloween night

Published

2 hours ago

October 31, 2024

Press Room

Girl found safe after going missing on Halloween night

UPDATE 10/31/24 @ 8:30 p.m.

MILTON, W.Va. (WSAZ) – A 7-year-old girl who went missing during trick-or-treat in Milton on Thursday night has been found, Cabell County 911 dispatchers say.

They say she is safe and with her family.

ORIGINAL STORY

MILTON, W.Va. (WSAZ) – First responders need your help finding a missing 7-year-old girl who went missing Thursday night from April Dawn Park in Milton during trick-or-treat.

Firefighters with the Milton Fire Department said the girl is wearing a Rolling Stones T-shirt and a pink tutu. She has two buns on her head.

Cabell County 911 dispatchers said the girl went missing around 7:30 p.m. Trick-or-treat went from 6 to 8 p.m. in Milton.

We’re working to get more information.

Keep checking the WSAZ app for the latest.

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West Virginia

Cincinnati Withdraws from Dual Meet Against West Virginia, Sparking Controversy

Published

9 hours ago

October 31, 2024

Press Room

Cincinnati Withdraws from Dual Meet Against West Virginia, Sparking Controversy

The University of Cincinnati has withdrawn from its scheduled dual meet against West Virginia scheduled for Friday afternoon and Saturday morning in Morgantown, West Virginia. The meet was scheduled to be the teams’ second as Big 12 opponents after splitting the victories last season in a two-day affair hosted by Cincinnati. There, the Bearcats won the women’s meet 241-112 and the Mountaineers won the men’s meet 162-191.

West Virginia posted the news of the cancellation on their Instagram page, with assistant coach Sydney Pickrem calling it a “huge disappointment for our swimmers” on her story, adding “Let’s continue to build this sport & always strive to achieve the highest level, especially when we RACE.”

Individuals close to the West Virginia program are telling SwimSwam that Cincinnati forfeited the meet because of a dispute over whether to wear technical racing suits. West Virginia wanted to wear the suits and Cincinnati did not, and felt that this would put them at a disadvantage.

Neither coaching staff took the opportunity to dispute that narrative.

Cincinnati head coach Mandy Commons-DiSalle is currently the president of the Board of Directors of the Collegiate Swimming & Diving Coaches’ Association of America (CSCAA)

Historically, collegiate dual meets have been raced almost-exclusively in ‘practice suits,’ with tech suits reserved for championship meets and mid-season invitationals. More recently, however, teams have taken to wearing their fast-suits for every meet as a way to more specifically prepare for the racing that will take place in those championships. That includes the Arizona State Sun Devils, who used the tactic en route to last year’s NCAA Men’s Championship in swimming & diving.

These suits improve times by reducing drag, providing muscle compression, and allowing athletes to maintain a better posture in the water.

West Virginia’s official Instagram account “liked” a comment by program alum Logan McFadden saying that “Somebody got scared and doesn’t want to come to town anymore.”

At last year’s Big 12 Championship meet, Cincinnati’s first in the conference, the Bearcats finished ahead of West Virginia in both meets. On the women’s side, Cincinnati was 4th with 918.50 points and West Virginia was 6th with 699 points. On the men’s side, Cincinnati was 4th with 1285.50 points and West Virginia was 5th with 1138.50 points.

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West Virginia

West Virginia looks to move forward after change in defensive leadership

Published

17 hours ago

October 31, 2024

Press Room

West Virginia looks to move forward after change in defensive leadership

West Virginia has a new defensive coordinator after head coach Neal Brown elected to move from Jordan Lesley following a 4-4 start to the season.

Lesley, who had been with the Mountaineers since 2019, had served as the leader of the defense since the 2020 season when he was elevated to the role after the dismissal of Vic Koenning.

The assistant shared the role the first season with co-defensive coordinator Jahmile Addae, and the unit finished No. 21 in scoring defense in 2020 allowing just 20.5 points per game and that total was even higher in total defense at No. 4 nationally surrendering just 291.4 yards per contest.

In 2021 Lesley took over full-time and the unit ranked 44th nationally permitting 23.85 points per game and at No. 37 nationally yielding 350.2 yards per contest. That took a dip in 2022 as the defense was at 116th in scoring defense giving up 32.9 points per game and 98th in total yards with 412.1 per contest.

Things improved last season as West Virginia was at 64th in scoring defense at 26.2 per game and 68th in yards at 380.8 but so far this year it had been a struggle for the defense.

West Virginia is 97th in scoring defense giving up 28.4 points per game and 84th in total defense. The Mountaineers were perched at 114th in passing defense and struggled mightily in that department for most of the season to date. Those issues prompted Brown to make the decision make a change.

“I met with Coach Lesley this morning and informed him that we are making a change at the defensive coordinator position. I’m very thankful for the investment Jordan and his family have made in West Virginia football. Jordan has been a key part of my staff for almost a decade,” Brown said in a statement.

The decision means that West Virginia will owe Lesley the remainder of his $775,000 salary for this season as well as $800,000 for next season. The Mountaineers also could offset the payment amount with any future employment based on what he earns at his next stop.

Now, the focus is on the final four games of the season with inside linebackers coach Jeff Koonz assuming the role atop the defense and the Mountaineers will look to make the most of their remaining opportunities.

Koonz has served as a co-defensive coordinator during his time at Cincinnati and now will have a chance to prove that he is capable in the role for the remainder of this season.

“These decisions are never easy, but I’m confident this change is in the best interest of our program and puts us in the best position to finish strong. Our players have a tremendous opportunity in front of them, and I know they will give their all for WVU. Jeff Koonz will step up and serve as the defensive coordinator moving forward. I know he and our entire staff will do everything they can to help us succeed,” Brown said.

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