Washington — On Thursday, the Supreme Court limited the Environmental Protection Agency’s power to regulate greenhouse gas emissions by power plants. This is a major blow to the Biden administration’s efforts to combat climate change.
The court split 6-3 along ideological lines to find that Congress did not give the EPA authority through the Clean Air Act to create a regulatory system to limit carbon dioxide emissions from power stations to combat global warming. Chief Justice John Roberts authored the majority opinion. The three-member liberal bloc of the court dissented.
This is a win for a group Republican-led states, and coal companies who have been trying for years to limit the EPA’s ability to issue regulations to curb carbon emissions.
Roberts stated that a national transition away from coal-generated electricity could be possible by reducing carbon dioxide emissions to a level that would force a reduction in the country’s carbon dioxide levels. It is unlikely that Congress granted EPA authority to create such a regulatory system in Section 111(d). The decision to have such a significant and consequential effect rests solely with Congress or the agency acting under clear delegation from that representative.
Justice Elena Kagan joined Justices Stephen Breyer, Sonia Sotomayor in criticizing the court’s majority’s imposition of limits on the EPA which “fly in face” of the statute drafted by Congress. She also accused the majority substituting its own ideas about policymaking to Congress’s.
“Despite all the other information that this court may have, it doesn’t know anything about climate change. Let’s just say that the stakes are very high,” Justice Elena Kagan stated in disapproval. “Yet, the court today prohibits congressionally authorized agency actions to curb power plant carbon dioxide emissions. Instead of Congress or an expert agency, the court makes itself the climate policy decision-maker. There are few things that I find more terrifying than this.
This case stems out of the Clean Power Plan by the EPA, completed in 2015. It implemented a directive issued by then-President Barack Obama to make use of an ancillary provision under the Clear Air Act to address climate changes. The Clear Air Act mandates existing coal and natural gas power stations to reduce their emissions.
The Clean Power Plan was challenged by more than half the states and other parties in federal court. In 2016, the Supreme Court stopped enforcement of the proposal with a 5-4 vote. During the proceedings, there was a change of presidential administrations. The EPA under the then-President Donald Trump repealed Obama-era standards, claiming it had “significantly exceeded” its authority as a federal environmental law. New guidelines were also issued by the agency for coal-fired power stations.
A group of 22 states, environmental organizations, and other stakeholders challenged the repeal of Clean Power Plan and the new guidelines. However, 19 states, led largely by Republicans and coal companies, intervened to support the Trump administration’s actions.
The D.C. The D.C. Circuit ruled that the Trump administration’s decision to repeal the Clean Power Plan, and its replacement plan, was invalid. The states appealed to Supreme Court, arguing that the lower court’s decision gave the EPA broad control over carbon emissions and the ability to unilaterally rebuild significant parts of the U.S. Economy.
“How we respond climate change is a pressing matter for our nation, but some of the paths forward have serious and disproportionate cost for states,” West Virginia officials stated to the court when they asked the justices to consider the case.
President Biden pledged to reduce greenhouse-gas emissions 50% by 2030 from 2005 levels. Climate change plans were also a key component of his domestic policy agenda called the Build back Better plan. The Senate rejected the president’s proposal and it is unlikely that the Senate will adopt climate provisions.
Biden called the Supreme Court’s decision “devastating” as well as harmful to the nation. However, he promised to work with his administration to combat climate change through EPA actions.
He said that today’s decision was in support of special interests who have waged a long-term campaign against our right to clean air. “We cannot ignore the threat to public health and existential danger the climate crisis presents. Science confirms what all of us see: the dangers posed by wildfires and droughts, extreme heat and severe storms to our lives and livelihoods.
The president said, “Our fight against climate changes must continue. And it will.”
A host of large corporations, including Apple, Amazon and Google, supported the Biden administration in the dispute. They told the high court in a friend–of-the–court brief that although they are taking their own steps to mitigate climate change it was vital that the EPA “play a leading role in regulating greenhouse gas emission.”
The Supreme Court’s decision limiting the power of EPA is contrary to what climate experts have warned must be done immediately to prevent the worst effects from the climate crisis. Sweta Chakraborty is a climate and behavioral scientist. She told CBS News that she believes stricter regulations are needed.
“We allow for a free-for all. She said that it could not have been worse. “We are facing a climate emergency.”
She also said that it sets a “dangerous precedent” in that the decision states that “we don’t need governments regulate industry” and that additional federal regulations and policies could be repealed.
She stated that “having this type of ruling is actually saying it’s an oil and gas free-for-all… we can unapologetically support polluting our communities in the United States.” “And that’s a very dangerous path to take down.”
Chakraborty stated that the Supreme Court’s decision would also have an impact on America’s view of the world. She said that Mr. Biden’s election as President “renewed global hope” in the U.S. leadership in climate issues, but this could change depending on policies.
“The promises made by the Biden administration, and Biden himself, have not been fulfilled.” She said that the SCOTUS decision was yet another example of America going backwards. “What faith do we really give to the rest of world that the United States is doing its part?”
Michael Regan, Administrator of the EPA, stated that he was disappointed by the Supreme Court decision but promised that the agency would not waiver from its duty to protect Americans’ lives.
He stated that the court’s decision was “disappointing” at the moment when climate change is causing more disruption than ever. It costs billions each year in the form of floods, wildfires and sea-level rise and threatens the safety of millions of Americans.
He stated that the EPA would continue to “lawfully” establish and implement environmental standards.
Regan stated that “We are committed in using the full extent of EPA’s authority to protect communities, and reduce the pollution driving climate change.”
Chuck Schumer, Senate Majority Leader, denounced the Supreme Court decision. He said it “sets America back decades, if no centuries”.
He stated that the ruling by the MAGA Court in West Virginia v. EPA, just like the dangerously misguided decisions last week on abortion and gun safety, will lead to more deaths. “In this instance, because of more polluting that will exacerbate climate crisis and make our water and air less clean and safer,” he released in a statement. This decision will have a ripple effect across federal government. It will affect everything from regulation of food and drug to the nation’s health system. All of these will be dangerous for Americans, so it is imperative that Democrats pass legislation to address the climate crisis.
New York Democrat stated that the ruling “adds a number of dangerously outlandish decisions that have rightly tarnished public confidence in the court.” He also criticized Republican senators for voting to confirm six conservative justices to the bench and said they were “complicit in its devastating effects.”
Senator Minority Leader Mitch McConnell, contrary to Schumer, praised the court’s decision. He said it gives power back the American people and is especially beneficial to his home state of Kentucky.
He stated in a statement that the court sided with West Virginia and canceled illegal regulations issued in EPA’s name without clear congressional authorization.
McConnell expressed his hope that the Supreme Court’s decision will alert “overeager bureaucrats”.
He said, “The ruling also pushes against the overbearing administration state, which Democrats expanded dramatically in recent years.” “The Constitution clearly states that lawmaking is done by the people and their elected representatives. It does not belong to opaque federal agencies.
