Supreme Court limits EPA’s ability to reduce emissions

(WASHINGTON) — The Supreme Court on Thursday limited the Environmental Protection Agency’s power to fight climate change.

The case involved how far the federal government could go in regulating greenhouse gas emissions from power plants.

The court held that Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan with Chief Justice John Roberts writing for the 6-3 conservative majority.

The three liberal justices dissented.

The court’s decision in West Virginia v. EPA comes as global climate change exacts an increasingly dire human and economic toll on communities worldwide.

The landmark Clean Air Act of 1970 charged EPA with protecting human health from dangerous airborne contaminants, which the Supreme Court has twice affirmed to include greenhouse gasses.

The law currently lets the agency craft pollution limits based on the “best system of emission reduction” available, but there is disagreement over whether the law prohibits consideration of measures “outside the fence line” of a particular plant, such as shifting to alternative sources of power generation or emission trading programs.

The Biden administration, environmental advocates and public health groups have said EPA’s ability to robustly regulate U.S. power plant emissions is one of the most significant tools available for cutting earth-warming pollution and blunting the impacts of rising temperatures.

The U.S. power sector is the nation’s second-largest source of greenhouse gas emissions with more than 3,300 fossil fuel-fired power plants, including 284 coal-fired facilities, according to the Energy Information Agency.

“If we do not have the full extent of these tools, we will need all of the other tools in the toolbox,” said Vickie Patton, general counsel of the Environmental Defense Fund. “And those tools may not be as effective and they might cost more.”

The plaintiffs in the case — a coalition of Republican-led states and coal and mining companies — argued that overly-aggressive EPA regulation threatens to “reshape the power grids and seize control over electricity production nationwide,” imperiling thousands of American jobs.

An estimated 1.7 million Americans work in fossil fuel industries, from mining to pipeline construction to electricity generation.

“If there are enormous decisions that have vast political and economic significance, Congress — if they want an agency to deal with it — should speak clearly to that issue,” said Jeff Holmstead, a former EPA official who served during the George W. Bush administration and has represented clients challenging recent EPA emissions regulations.

The Supreme Court decided the case even though EPA does not currently have a power plant carbon dioxide regulation in force.

The Obama administration’s Clean Power Plan, which first prompted the lawsuit in 2015, was temporarily blocked by the Court at the time and never took effect. The Trump administration subsequently proposed an alternative plan, but that was rescinded by President Biden. In the meantime, a lower court ruled the Clean Power Plan could be enforceable – even though Biden said he would not adopt it.

The EPA has said it expects to release Biden’s plan for regulating power plant CO2 emissions shortly after the Supreme Court decision.

The White House has set a goal of cutting U.S. carbon pollution in half over the next decade and shift entirely to clean energy sources by 2035.

This is developing story. Please check back for updates.

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