In its latest disturbing decision, the high court drastically narrowed the Environmental Protection Agency’s authority to fight the scorching ravages of climate change, writes the Editorial Board.
In its latest disturbing decision,The court, a case challenging President Obama’s 2015 Clean Power Plan, a landmark effort to reduce carbon emissions nationwide. It never got implemented. The impact of the decision will go far beyond that plan, and even beyond the environment. In ruling against the EPA, the court adopted a strict standard for when any federal agency may impose rules the court deems likely to be especially disruptive to America’s economy and politics.
In the case of the Clean Power Plan, standards for existing power plants were so ambitious that states likely would have had to reduce their reliance on coal to meet them. Roberts reasoned that if Congress had wanted the EPA to determine what kinds of energy America’s power plants used, it would have said so.
The ruling builds on a string of recent decisions that have checked agencies’ power, including the CDC when it announced a moratorium on evictions during the pandemic. What’s more, the Obama Clean Power Plan left it up to the states to decide how to achieve its aggressive emissions goals. That was a tremendous advantage for states such as Texas, which was miles ahead of its competitors in harnessing wind energy, and where natural gas, far cleaner than coal, is in such abundance.Justice Elena Kagan nodded to that history in her dissent, joined by Stephen Breyer and Sonia Sotomayor.
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