This term of the Supreme Court has been a big one for based decisions and here’s another big one.
Supreme Court rescinded the EPA’s authority to control greenhouse-gas emissions, which can cause climate change. Chief Justice John Roberts ruled in favor of conservative states and fossil fuel companies by adopting a strict interpretation of Clean Air Act.
Court ruled that Congress did not authorize the EPA’s use of cleaner energy to promote a change.
“Congress did not grant EPA…the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” the majority wrote.
An appeal against a 2016 decision that overturned a Trump-era rule regarding power plants was the catalyst for this ruling.In appealing that decision, West Virginia asked the court to consider whether the EPA has the authority to try to push the entire system away from coal and reshape the country’s electric grid.
…”On EPA’s view of Section 111(d), Congress implicitly tasked it, and it alone, with balancing the many vital considerations of national policy implicated in deciding how Americans will get their energy.”
— Jonathan Turley (@JonathanTurley) June 30, 2022
However, as the Chief Justice notes: “There is little reason to think Congress did so.”
Justice Kagan in her dissent acted as though it was the Court’s responsibility to address climate change, rather than interpret the law and the Constitution.
Kagan:”Whatever else this Court may know about, it does not have a clue about how to address climate change. And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.”
— Jonathan Turley (@JonathanTurley) June 30, 2022
This could have a significant impact on other Biden Administration efforts to impose their wills without Congress’ approval.
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