Supreme Court To Hear Challenge to EPA Powers

The Court's decision could limit the agency's authority to regulate carbon emissions in the power sector.

1 minute read

November 2, 2021, 6:00 AM PDT

By Planetizen


Factory Emissions

Chen Min Chun / Shutterstock

As President Biden heads to the international climate summit in Glasgow this week, the U.S. Supreme Court has announced plans to hear appeals that could limit the Environmental Protection Agency's power to regulate emissions, reports Greg Stohr.

"The conservative-controlled court will review a federal appeals court decision that critics say gave the EPA sweeping authority to reshape key sectors of the U.S. economy, going well beyond what Congress envisioned when it enacted the Clean Air Act," writes Stohr. 

The appeals court ruling reversed a policy enacted by the Trump administration that only allowed the EPA to control carbon emissions "at the source" of power plants rather than taking a sector-wide approach.

Stohr quotes former EPA assistant administrator Jeff Holmstead as saying the decision comes as "a big surprise" that will set back the Biden administration's efforts to impose stricter regulations on the power sector and limit the EPA's powers just as the country has set ambitious emissions reduction goals.

The Court will hear arguments early next year, and a decision is expected by late June 2022.

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