An Insider's View on Climate Change and the Clean Air Act

Later this month, the U.S. Supreme Court will hear oral arguments in a critically important climate change case: West Virginia v. USEPA. I and other students heard about what's at stake for this case from an environmental and climate change attorney who is involved in the litigation.

Appearing virtually because he is in isolation pursuant to Supreme Court pandemic views, Kevin Poloncarz was the featured speaker, and we all were in for a treat. He is a partner with Covington & Burling LLP and co-chairs the firm’s Environmental and Energy Practice Group, Energy Industry Group and ESG Initiative. Kevin is among the nation’s leading climate change lawyers; on the board of directors of the Environmental Law Institute and the Center for Applied Environmental Law and Policy; a fellow and regent of the American College of Environmental Lawyers; and on the advisory board and council of the Institute for Policy Integrity at New York University (NYU) School of Law and the State Energy and Environmental Law Center at NYU School of Law (respectively).

Along with New York’s Deputy Solicitor General, Kevin argued the key statutory point for the winning side in American Lung Association v. EPA, 985 F.3d 914 (D.C. Cir. 2021), in which the D.C. Circuit struck down the Trump Administration’s repeal of the Obama Administration’s Clean Power Plan and is currently defending that win in front of the Supreme Court.

Kevin laid out the basics of the case before the Supreme Court. The audience benefited greatly from hearing his straight-forward statement of the case.

The program was organized by Professor Rick Frank and the California Environmental Law and Policy Center.