Supreme Court Limits Environmental Protection Agency's Ability to Take Action on Climate Change
July 1, 2022
The U.S. Supreme Court ruled today that a 2015 regulation called the Clean Power Plan exceeded the Environmental Protection Agency’s authority. The plan was intended to shift the country’s power sector toward sources that produce less carbon dioxide emissions.
In the majority opinion, Chief Justice John Roberts wrote that “[forcing] a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’ ” quoting another decision. However, he wrote that the EPA incorrectly relied on a certain section of the Clean Air Act to enact the regulation.
“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” Roberts wrote.