There’s no telling exactly how much is at stake here. But at the very least, our ability to fight back against climate change surely hangs on the balance.
John — bad news:
The Supreme Court (SCOTUS) has agreed to consider whether the Environmental Protection Agency has the authority to limit greenhouse gases.
Simply put, this could be one of the most significant Supreme Court cases in recent memory. Here’s what it’s about:
The court is taking up the challenge to the EPA’s powers from a coalition of coal companies and energy-producing states led by West Virginia. It comes after a lower court ruling restored some of the EPA authority gutted by the Trump administration.
Using the same tired arguments as always, the fossil-fuels coalition claims Congress did not explicitly give the EPA the authority to restrict carbon or other greenhouse gas emissions, so they shouldn’t be allowed to place so-called “burdensome” restrictions on power plants that burn coal and natural gas.
Some of the petitioners go even further, saying that the government doesn’t have the power to take aggressive action against climate change at all. And others more extreme still are angling to use this case to restrict the government’s power to regulate on a whole host of issues including workplace safety, access to reproductive healthcare, overtime pay, and vaccination.
There’s no telling exactly how much is at stake here. But at the very least, our ability to fight back against climate change surely hangs on the balance.
While there are still many questions, John, we know the justices will have to rely on the 1970 Clean Air Act as their primary source for establishing EPA authority by Congress. With a conservative majority, how SCOTUS interprets the Act will set the stage for an environmental showdown.
If SCOTUS uses the Clean Air Act to side with the fossil-fuels coalition, all hope isn’t lost, however. Congress can take action to amend the Act and restore the EPA authority to regulate and limit greenhouse gases.
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