Supreme Court Hands Loss to Green Advocates

Justices limit EPA's ability to limit emissions from power plants
By Newser Editors and Wire Services
Posted Jun 30, 2022 9:23 AM CDT
Supreme Court Limits EPA's Power to Curb Emissions
The Supreme Court is seen Thursday in Washington.   (AP Photo/Jacquelyn Martin)

(Newser) – In a blow to the fight against climate change, the Supreme Court on Thursday limited how the nation's main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants. By a 6-3 vote, with conservatives in the majority, the court said that the Clean Air Act doesn't give the Environmental Protection Agency broad authority to regulate greenhouse gas emissions from power plants that contribute to global warming, per the AP. The court's ruling could complicate the administration's plans to combat climate change. President Biden aims to cut the nation's greenhouse gas emissions in half by the end of the decade and to have an emissions-free power sector by 2035. Power plants account for roughly 30% of carbon dioxide output.

The power plant case has a long and complicated history that begins with the Obama administration's Clean Power Plan. That plan would have required states to reduce emissions from the generation of electricity, mainly by shifting away from coal-fired plants. But that plan never took effect. Acting on a lawsuit filed by West Virginia and others, the Supreme Court blocked it in 2016 by a 5-4 vote, with conservatives in the majority. With the plan on hold, the legal fight over it continued. But after President Trump took office, the EPA repealed the Obama-era plan. The agency argued that its authority to reduce carbon emissions was limited and it devised a new plan that sharply reduced the federal government's role in the issue.

New York, 21 other mainly Democratic states, the District of Columbia, and some of the nation's largest cities sued over the Trump plan. The federal appeals court in Washington ruled against both the repeal and the new plan, and its decision left nothing in effect while the new administration drafted a new policy. Adding to the unusual nature of the high court's involvement, the reductions sought in the Obama plan by 2030 already have been achieved through the market-driven closure of hundreds of coal plants. (Read more US Supreme Court stories.)

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