This term of the Supreme Court has been an important one for based decisions. Here’s another.

The power of the EPA to regulate greenhouse gas emissions that contribute to climate change was severely curtailed by the Supreme Court. Chief Justice John Roberts ruled in favor of conservative states and fossil fuel companies by adopting a narrow interpretation of the Clean Air Act.

The Court ruled against EPA’s authorization to encourage a shift toward cleaner energy sources.

Most authors stated that Congress didn’t grant EPA…the authority to set emissions caps based on the generation shifting approach used by the Agency in its Clean Power Plan.

“Congress did not grant EPA…the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” the majority wrote.
The ruling was spurred by an appeal to a decision last year that struck down a Trump-era power plant rule.

In appealing that decision, West Virginia asked the court to consider whether the EPA has the authority to try to push the entire system away from coal and reshape the country’s electric grid.

…As expected, the Court reaffirmed that these major questions should go to the Congress to be resolved.

— Jonathan Turley (@JonathanTurley) June 30, 2022

However, the Chief Justice points out that there is no reason for Congress to have done this.

Justice Kagan wrote his dissent as if it was the Court’s responsibility to address climate change, rather than the Court’s interpretation of the law.

Kagan:”Whatever else this Court may know about, it does not have a clue about how to address climate change. And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.”

— Jonathan Turley (@JonathanTurley) June 30, 2022

This could have a significant effect on other efforts by the Biden Administration to impose their will, without Congress’ authorization.