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John,

The Supreme Court’s ruling in West Virginia v. EPA is not the last we’ll see of anti-climate decisions coming out of this ultra-conservative bench. In fact, the decision may have opened a Pandora’s box for more challenges to environmental rules and policies.

Already, two biofuel coalitions have joined 15 Republican attorneys general in suing Biden’s EPA over a new rule that invokes the Clean Air Act. This rule increases fuel economy standards in order to cut greenhouse gas emissions. Naysayers argue that this rule is specifically designed to favor electric vehicles over internal combustion engines. They are also singing the same tune from West Virginia v. EPA, stating that Congress did not give explicit authority for the EPA to utilize the Clean Air Act in setting fuel standards. While many environmental attorneys believe that the gradual shift toward electric vehicles is well within the EPA’s jurisdiction, it’s safe to assume that this case reaching the Supreme Court isn’t off the table.

The Securities and Exchange Commission (SEC) has also received backlash for a climate action proposal. Its new disclosure proposal would require some companies to disclose emissions data and their climate goals as a proxy for the financial risks that companies will face from climate change. To be clear, the proposal doesn’t make emission reduction demands, just requires environmental disclosures similar to ones that have been on the books since the 1970s. But proponents like West Virginia’s attorney general, Patrick Morrisey, are preparing to take challenges to this rule up to the Supreme Court.

Even the Federal Energy Regulatory Commission (FERC) may be in SCOTUS’ crosshairs in the near future. FERC has recently taken efforts to account for climate risks when considering new interstate natural gas projects. For a regulatory commission, evaluating the public benefits and risks is well within its boundaries, and long-term climate effects should be a part of those assessments. But thanks to this ultra-conservative court’s decision in West Virginia v. EPA , even FERC’s actions could come under attack.

John, conservative and right-wing judges have the power to continue blocking climate action with these and similar cases. That’s why it’s essential we have SEEC members in Congress who will pass legislation codifying efforts to reduce climate change and confirm judges who will uphold those efforts.

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Thanks to your help in 2020, SEEC PAC was able to re-elect over 95% of our pro-environment members to the U.S. House of Representatives — defying the odds on a night where Democrats lost seats. Now we are counting on you to help our SEEC members pass climate, clean energy and environmental justice policies in the 117th Congress while we undo the damage of the Trump Administration. But if you'd like to receive fewer emails, we understand. You can click here [[link removed]] to only get our most important messages, or you can unsubscribe: [link removed] .
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The Sustainable Energy and Environment Coalition Political Action Committee (SEEC PAC) is an organization that supports members in the U.S. House of Representatives and candidates who fight for clean energy, climate change solutions, environmental justice, and protection of our nation’s clean air, water, wildlife, and public lands. Will you make a donation to our fight today? [[link removed]]
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