The Supreme Court ruling limiting the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants could have far-reaching consequences for the energy sector.
FILE - Steam billows from a coal-fired power plant Nov. 18, 2021, in Craig, Colo. The Supreme Court on Thursday, June 30, 2022, limited how the nations main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants. By a 6-3 vote, with conservatives in the majority, the court said that the Clean Air Act does not give the Environmental Protection Agency broad authority to regulate greenhouse gas emissions from power plants that contribute to global warming.
The ruling will also set a tone in policymaking chambers, making it harder to persuade state lawmakers to craft laws to boost renewables, said Sachu Constantine, executive director of Vote Solar, which advocates for laws favorable to solar energy in state legislatures. When Congress writes laws, it often leaves implementation details up to regulators such as the EPA. In this case, energy industry officials argued that the EPA had gone too far and overstepped what Congress had intended. The challenge in the West Virginia case sought to diminish that authority. It succeeded.
Still, Revesz said, the EPA does have authority to regulate emissions from power plants in other ways. “Those aren’t fast enough for some advocates, but it’s not clear how much faster you can go unless you build the infrastructure to replace them,” Holmstead said.
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