John,

Republican members of Congress will go to any lengths to stop the Environmental Protection Agency (EPA) from acting on climate.

Their latest attempt is filing an amicus brief with the U.S. Supreme Court as it prepares to hear oral arguments on February 28 in West Virginia v. EPA.

To put it simply and bluntly, the case will determine whether the EPA continues to have the power to regulate greenhouse gases.

The case is coming to the justices from the U.S. Court of Appeals for the District of Columbia, which struck down the Trump administration’s so-called Affordable Clean Energy Rule, which was their replacement for Obama’s 2015 Clean Power Plan.

In a move that shocked many court watchers, the Supreme Court agreed to hear the State of West Virginia’s appeal, despite the fact that the Trump Affordable Clean Energy Rule is now defunct. The Biden EPA has made it clear that it does not intend to return to either the Trump rule or the previous Obama Clean Power Plan, which should have made this case moot.

It is quite telling and incredibly worrisome that the justices agreed to hear this case, despite this.

By filing an amicus brief in this case, Congressional Republicans are hoping to influence the ultimate decision by conservative justices. It’s a blatant effort to urge the conservative justices to rule in favor of power plants, rather than asking them to consider the wider implications for the health and safety of the American people.

John, this is yet another example of the consequences of elections. And, if Republicans grab back Congress in November, things will only get worse.

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