West Virginia EPA Supreme Court Bitcoin

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This is an opinion editorial by Colin Crossman, a corporate attorney and entrepreneur. 

The Case

On June 30, 2022, the Supreme Court of the United States issued an opinion in the case West Virginia et al. vs. Environmental Protection Agency et al.. This decision, which found that the EPA exceeded its authority, will have wide-ranging benefits for Bitcoin.1

At first glance, this appears to be a case related to the Clean Air Act, and the EPA’s ability to regulate carbon dioxide emissions. And if that’s all it was about, it would be a good result. The EPA was stopped from implementing a plan that would have massively increased the costs of operating fossil fuel energy plants. Specifically, the EPA’s plan was to use its regulatory power to shift the entire energy mix of the United States from 38% coal to 27% by 2030.

Fundamentally, the EPA was trying to use an “obscure, never-used section of the law” (Section 111(d) of the Clean Air Act), as a general “permission slip” to recalibrate the power mix of the entire country.2 The large amount of procedural posturing aside, the fundamental question the Court faced was whether or not Congress intended Section 111 of the Clean Air Act to grant the EPA the extraordinary power that it wished to use.



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