#ICYMI: SCOTUS ruled to suppress the EPA’s ability to limit emissions from power plants

The United States Supreme Court in a 6-3 ruling restricted the Environmental Protection Agency’s ability to impose limits upon power plant greenhouse gas emissions.[1]

Chief Justice John Roberts stated in his majority opinion that the EPA could not require a comprehensive shift from coal to cleaner energy sources by citing what he deemed as a “little-used backwater” section from the Clean Air Act. [2 ] Chief Justice Roberts also stated that the agency fell under the “major questions” legal doctrine “by adopting regulations of unprecedented power aimed at shifting U.S. power generation toward renewable energy sources”.[3] The “major questions” doctrine calls for direct congressional authorization before regulators can take subsequent action on issues of great importance and societal impact.[4]

Some legal experts have voiced concerns saying the ruling could subdue the federal government’s regulatory power. Expanding the “major questions” doctrine has been a focal point for groups like the Cato Institute, which argued for a ‘robust’ interpretation of the doctrine in a briefing on the case.[5] Some lawyers and other analysts have stated that the ruling could also subvert the ability of the Securities and Exchange Commission to enact a proposed rule requiring publicly traded companies to disclose their climate risks.[6 ] Additionally, it could undermine efforts by the Biden administration to augment labor regulations.

The decision in West Virginia v. EPA and the efforts to expand the “major questions” doctrine could impact the federal government’s ability to issue regulations and protections in many instances in the future.

Read more at:

https://www.reuters.com/legal/government/will-us-supreme-court-epa-ruling-rein-federal-regulato rs-2022-06-30/

[1] https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf

[2] https://www.reuters.com/legal/government/will-us-supreme-court-epa-ruling-rein-federal-regulators-2022-06-30/

[3] https://www.reuters.com/legal/government/will-us-supreme-court-epa-ruling-rein-federal-regulators-2022- 06-30/

[4] https://www.reuters.com/legal/government/will-us-supreme-court-epa-ruling-rein-federal-regulators-2022-06-30/

[5] https://www.cato.org/blog/supreme-court-makes-major-improvement-administrative-law-west-virginia-v-ep a

[6] https://www.reuters.com/legal/government/will-us-supreme-court-epa-ruling-rein-federal-regulators-2022- 06-30/