There’s a major environmental court case before the Supreme Court, John.
Whether you’ve heard whispers about the case, or this is the first time you’re hearing about it – we’re here to break down everything you need to know:
The Supreme Court case is called West Virginia v. Environmental Protection Agency (EPA), and while the people bringing the case (the plaintiffs) are challenging an environmental regulation that no longer exists, the decision could permanently strip federal agencies, like the EPA, of much of their power to regulate – and in the EPA’s case, its power to protect the environment and our communities from a worsening climate crisis.
The case involves the Clean Power Plan, an Obama-era effort to fight the climate crisis. It’s important to note that the Clean Power Plan isn’t in effect right now; it never really took effect, and President Biden’s administration doesn’t plan to reinstate it (more on this later). However, the plaintiffs are arguing that federal agencies like the EPA don’t have the power to implement laws like the Clean Power Plan. The defense is arguing (correctly) that Congress granted the EPA this power under the Clean Air Act.
There is a right-wing minority that wants to use this case to push its deregulatory agenda in order to tie the hands of federal agencies as they try to fight pollution and protect the air we breathe, the water we drink, and our families from the climate crisis.
Make no mistake: if this court case moves forward, it would undermine President Biden's ability to implement his climate agenda.
This case proves once again that our environmental laws are only as strong as the judges and justices who uphold them. The courts remain a powerful decision maker in our fight for climate justice.
There's still time left before this case is heard before the Supreme Court. So over the next few months, our movement will organize to stand in solidarity with the EPA and fight for the agencies that protect our environment and our communities. For now, the most important thing you can do is add your name to stand with the EPA:
We’ll keep you posted on upcoming developments in the case, but in the meantime, please forward this email to your friends and family to keep them ‘in the know.’
Thank you for reading and stay tuned for more information.
- Team 350
P.S. Forwarding an email may not seem like a significant act of climate resistance, but it’s going to take every single one of us raising our voices together against the fossil fuel industry. So please, send this email along to a friend or family member who should know about what is on the line for our climate in the Supreme Court.
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