Supreme Court To Consider Limiting EPA’s Power To Regulate Climate-Changing Gases
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The Supreme Court agreed Friday to hear a set of cases challenging the Environmental Protection Agency’s authority to regulate greenhouse gases, potentially limiting the Biden administration’s options to curb planet-heating pollution.
The lawsuits, filed by Republican-controlled states and a West Virginia oil company, aim to curb the federal government’s power to mandate a transition away from fossil-fueled power plants.
If the high court’s 6-3 conservative majority finds in favor of the plaintiffs, the ruling wouldn’t eliminate the federal government’s ability to regulate carbon dioxide emissions under the Clean Air Act, a legal determination known as the endangerment finding. It would, however, restrict the legal routes through the Clean Air Act for enacting such rules. That could make it harder for the United States to hit its goal to cut emissions in half by the end of this decade.
Those stakes are even higher since the White House abandoned its main legislative proposal to pay utilities to produce more zero-carbon electricity, and fine those that fail to increase their clean output each year after Sen. Joe Manchin (D-W.Va.) said he’d torpedo the administration’s agenda if Democrats included the measure in a sweeping spending bill.
At issue is a legal snafu from 1990, when then-President George H.W. Bush mistakenly signed two slightly differing versions of the Clean Air Act into law, creating legal confusion over the line between federal and state power when it came to regulating greenhouse gases.
The Obama administration relied on the version interpreted to give agencies more authority when it proposed its Clean Power Plan. In February 2016, the Supreme Court zeroed in on the legal ambiguity around the statute known as Section 111(D) to issue a temporary pause on implementing the regulation. Before the White House could resolve the issue, the Trump administration took over, and put Scott Pruitt — the former Oklahoma attorney general who led the lawsuit that resulted in the Section 111(D) stay — in charge of the EPA. The Clean Power Plan was scrapped soon after.
Shortly before President Joe Biden was inaugurated, the U.S. Court of Appeals for the District of Columbia Circuit determined that the Clean Power Plan was legally sound, tossing out the much weaker regulation the Trump administration proposed to replace it.
The Biden administration is still working on a number of regulations aimed at cutting emissions, and none so far rely on the already-contentious Section 111(D).
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