The Supreme Court’s EPA Ruling Will Hinder U.S. Action To Combat Climate Change
By Ayla Kanber, Earth Forward Group
On June 30, 2022, the U.S. Supreme Court released the final ruling for West Virginia v. Environmental Protection Agency (EPA). The conservative majority of the U.S. Supreme Court decided to restrict the EPA’s authority to mandate carbon emissions reductions in the power sector. This ruling has sparked controversy as it will have significant repercussions on the U.S. federal government’s ability to pursue its climate agenda.
In 2015, the Obama administration facilitated the EPA’s Clean Power Plan which regulated limits for carbon dioxide emissions from coal and natural gas power plants. The Clean Air Act gave the EPA authority to take these actions to address air pollution issues. The state of West Virginia challenged this regulation as it is one of the largest producers of coal in the country. West Virginia has not significantly promoted a shift toward cleaner power sources like natural gas and renewables.
In its 6–3 decision written by Chief Justice John Roberts, the Supreme Court ruled that the EPA does not have Congressional authority to mandate emissions caps that would promote a shift from high-emissions to low-emissions energy generation sources.
“EPA claimed to discover an unheralded power representing a transformative expansion of its regulatory authority in the vague language of a long-extant, but rarely used, statute designed as a gap filler. That discovery allowed it to adopt a regulatory program that Congress had conspicuously declined to enact itself.”
— Statement from Chief Justice John Roberts
In response to the ruling, President Biden released a statement which mentioned that the Biden administration will utilize other lawful action to restrict carbon emissions from the power sector.
“I will take action. My Administration will continue using lawful executive authority, including the EPA’s legally-upheld authorities, to keep our air clean, protect public health, and tackle the climate crisis. We will work with states and cities to pass and uphold laws that protect their citizens. And we will keep pushing for additional Congressional action, so that Americans can fully seize the economic opportunities, cost-saving benefits, and security of a clean energy future. Together, we will tackle environmental injustice, create good-paying jobs, and lower costs for families building the clean energy economy.”
— President Biden’s statement regarding the West Virginia v. EPA ruling
President Biden has made climate change action a focus of his administration from day one of his term when the U.S. was re-entered into the Paris Agreement. Among many other initiatives, the Biden administration has committed the country to significant emissions reduction targets, to transition major emitting economic sectors to cleaner alternatives, and to increase corporate transparency on environmental impact and risks.
According to NPR, the court decision appears to enact major new limits on agency regulations across the economy, limits of a kind not imposed by the court for 75 years or more. For example, the decision casts a cloud of doubt over a proposed Securities and Exchange Commission rule that would require companies offering securities to the public to disclose climate-related risks. Another interim rule is in jeopardy which was adopted by the Federal Energy Regulatory Commission “aimed at treating greenhouse gas emissions and their contribution to climate change the same as all other environmental impacts [the Commission] considers.”
A string of recent decisions from the conservative-majority U.S. Supreme Court, including the West Virginia v. EPA ruling, have led to wide opposition and protests from environmentalists and the general public. Despite this setback to U.S. climate action, many states will continue to move away from coal and towards renewable energy. For example, environmental advocates say the decision doesn’t affect Minnesota’s transition to renewable energy and the state’s ability to curtail its own emissions, but the loss of important federal efforts highlights the need for more urgent action on the state level.
While individual states contemplate their next steps regarding coal and renewable energy, this ruling acts a wake-up call for Congress to pass urgent and meaningful legislation on climate and clean energy in the coming months.
