Current:Home > StocksWith time ticking for climate action, Supreme Court limits ways to curb emissions -Infinite Edge Learning
With time ticking for climate action, Supreme Court limits ways to curb emissions
Poinbank Exchange View
Date:2025-04-07 06:05:46
For two decades, Congress has failed to pass standalone climate change legislation.
That left the Obama White House to rely on the 1970 Clean Air Act in order to craft regulations that would reduce greenhouse gas emissions from power plants, currently the second most carbon-polluting sector in the country.
In its opinion in West Virginia v. the Environmental Protection Agency, the U.S. Supreme Court has now curbed what actions the Biden White House can take under that law.
"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," wrote Chief Justice John Roberts in the majority opinion, which all six conservative justices joined. "That discovery allowed it to adopt a regulatory program that Congress had conspicuously declined to enact itself," he wrote.
In practical terms, the decision prevents the agency from setting carbon-emission limits as a way to force the entire power generation industry to move away from burning coal to other, less-polluting energy sources, as the Obama Administration had attempted to do with its Clean Power Plan.
While expected, "this was a significant blow" said Carol Browner, Director of the White House Office of Energy and Climate Change Policy during the Obama Administration. Being able to look across the entire grid and encourage cleaner electricity based on the best, cheapest sources available was a powerful tool to combat climate change, she said.
The decision is a win for coal-fired power plants and the fossil fuel producing states that brought the suit.
"I applaud the Supreme Court's decision today in West Virginia v. EPA," said West Virginia Governor Jim Justice in a statement. "This ruling in favor of West Virginia will stop unelected bureaucrats in Washington, D.C. from being able to unilaterally decarbonize our economy just because they feel like it," he continued.
How limiting is it
Changing how the U.S. makes electricity is still a major climate policy goal of the Biden Administration, even if the path to get to achieve it has narrowed.
Power generation is not only a major emitter itself, but making it more climate-friendly is key to lowering transportation and residential emissions, because electric appliances and vehicles will require low-carbon electricity in order to fulfill their promise, according to Vickie Patton, general counsel for the Environmental Defense Fund.
The timing is important, too. In order to reduce overall U.S. carbon emissions by 50% as of 2030, as the Biden Administration has pledged, electricity generation must slash its emissions even further, by 80% over the same timeframe, according to the Environmental Defense Fund.
While the courts have now limited how the EPA treats carbon dioxide from power plants, legal experts said they stopped short of closing off other means of lower emissions.
"The court restrained itself from saying, 'You can't do this and you can't do that,'" said Jody Freeman, Founding Director of the Harvard Law School Environmental Law and Policy Program. Options like co-firing coal with low-polluting fuels are still on the table, for example. The majority opinion also explicitly did not rule out a cap-and-trade system, which Freeman called, "the silver lining in the in the opinion."
Current regulators were already planning to work around the decision. EPA administrator Michael Regan said as much earlier this year, indicating that other limits on other pollutants could still steer power generation away from heavily polluting coal. "I don't believe we have to rely on any one regulation" to reduce greenhouse gas emissions from power plants, he said, according to E&E News.
Advocates for reducing federal authority also say having clearly defined limits to executive power can be helpful when crafting policies that withstand court challenges.
"I think it will be helpful to EPA because it will likely establish the parameters under which they can regulate power plants," said Jeff Holmstead, a former administrator for the EPA during the George W. Bush Administration. That's as opposed to guessing where those parameters are and then fighting over them in court later.
Effects on other cases/climate impacts
The Justices also named the "major questions" doctrine in their decisions, which says that agencies cannot assume powers with such "vast" economic and political impacts unless expressly mentioned by Congress. That runs counter to long-standing precedent giving agencies latitude to define the terms of the statutes that authorize their actions.
"It's this very blunt instrument... that could chill an awful lot of regulation by not just the EPA but other agencies and climate policy," said Freeman.
The same "major questions" reasoning has popped up in other key climate cases as well, including arguments against regulating emissions from from vehicle tailpipes to weighing the "social cost of carbon" when making a regulatory decision.
Later this fall, the Supreme Court is expected to rule in Sackett v. EPA, a case which explores the question of what exactly are considered "waters of the U.S." That term, and how it's applied, are important because the Army Corps of Engineers and EPA use it when deciding what falls under their purview in the Clean Water Act. Both are also working on rules to refine the definition.
While technically about a parcel of marshy land in Idaho, the Justices ruling on that case could have a sweeping effect on how the government regulates pollution in bodies of water generally.
The WV v. EPA decision, said Tom Johnson, an attorney at Wiley Rein who filed an amicus brief on behalf of petitioners, could act as "tea leaves" for how the Supreme court is thinking about the waters of the U.S. case.
veryGood! (11)
Related
- NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
- After massive AT&T data breach, can users do anything?
- Why didn't Zach Edey play tonight? Latest on Grizzlies' top pick in Summer League
- Watch Biden's full news conference from last night defying calls for him to drop out
- Trump issues order to ban transgender troops from serving openly in the military
- Eddie Murphy and Paige Butcher Get Married in Caribbean Wedding
- Kysre Gondrezick, Jaylen Brown appear to confirm relationship on ESPY red carpet
- Judge throws out Rudy Giuliani’s bankruptcy case, says he flouted process with lack of transparency
- New data highlights 'achievement gap' for students in the US
- AT&T says hackers accessed records of calls and texts for nearly all its cellular customers
Ranking
- Cincinnati Bengals quarterback Joe Burrow owns a $3 million Batmobile Tumbler
- Progressives look to Supreme Court to motivate voters in 2024 race
- Cover star. All-Star. Superstar. A'ja Wilson needs to be an even bigger household name.
- Billy Joel isn’t ready to retire. What’s next after his Madison Square Garden residency?
- Who are the most valuable sports franchises? Forbes releases new list of top 50 teams
- Angry birds have been swarming drones looking for sharks and struggling swimmers off NYC beaches
- Suspect arrested 20 years to the day after 15-year-old Arizona girl was murdered
- 'Paid less, but win more': South Carolina's Dawn Staley fights for equity in ESPYs speech
Recommendation
Where will Elmo go? HBO moves away from 'Sesame Street'
FBI searching for 14-year-old Utah girl who vanished in Mexico
Pregnant Margot Robbie and Husband Tom Ackerley Pack on the PDA at Wimbledon 2024
One woman escaped a ‘dungeon’ beneath a Missouri home, another was killed. Here’s a look at the case
Man can't find second winning lottery ticket, sues over $394 million jackpot, lawsuit says
What to watch: Let's rage with Nic Cage
Wisconsin Republicans to open new Hispanic outreach center
Why We're All Just a Bit Envious of Serena Williams' Marriage to Alexis Ohanian