The Supreme Court has made it more challenging for the Environmental Protection Agency to regulate greenhouse gases and fight climate change, as justices ruled today in favor of Republican-led states and coal companies that asked the court to limit how much the EPA can control emissions from power plants. The court ruled 6-3 along ideological lines that the EPA does not have the authority under the Clean Air Act to create caps for greenhouse gas emissions. The consolidated cases are known as West Virginia v. EPA.
Chief Justice John Roberts wrote for the court’s conservatives. “Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day’ ” Roberts wrote, referring to a court precedent. “But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme.”
Justice Elena Kagan, writing for the dissenters, countered: “Today, the Court strips the EPA of the power Congress gave it to respond to ‘the most pressing environmental challenge of our time,’ ” referring to another precedent.
Bottom line: The ruling delivers a blow to Democrats and environmental groups, who want the agency to crack down on emissions from power plants and other sources to mitigate climate change.
