Supreme Court Guts the U.S. EPA’s Ability to Limit Carbon Emissions

The consequences of this ruling have long been foretold. With the U.S. Environmental Protection Agency now officially barred from the fight against climate change, Congress will have to act to reduce carbon emissions.

2 minute read

June 30, 2022, 12:00 PM PDT

By James Brasuell @CasualBrasuell


New Jersey Power Plant

EQRoy / Shutterstock

“The Supreme Court limited the Environmental Protection Agency’s ability to regulate carbon dioxide emissions from power plants in a 6-3 ruling handed down Tuesday that will have far-reaching implications on the federal government’s ability to fight climate change,” reports Ben Adler for Yahoo News.

The case, West Virginia v. EPA, asked the Supreme Court to consider whether the U.S. EPA under the Trump administration violated the Clean Air Act by weakening planned limits on carbon emissions from power plants. The decision, according to Adler, “[signals] to future administrations that the pollution causing climate change can go effectively unregulated, and leaving the job of passing binding emissions restrictions to Congress.”

“The court further agreed with a collection of Republican-led states and coal industry groups that the EPA, because its head is a political appointee, cannot accelerate the power sector’s transition from fossil fuels to clean energy because that goes beyond the powers granted to the EPA under the Clean Air Act,” adds Adler.

The Clean Power Plan, released in 2015 by the U.S. EPA under the Obama administration, was considered the nation’s most significant emissions reduction effort, but the Clean Power Plan never took effect, after the U.S. Supreme Court suspended the plan in February 2016 after a bipartisan coalition of 24 states sued the Environmental Protection Agency in October 2015. The Trump administration replaced the rule in 2019 with the “Affordable Clean Energy Plan.”

Enter the legal battle that preceded today’s ruling. Adler explains:

Petitioners such as the American Lung Association sued to get the rule reinstated, arguing that the Clean Power Plan was legally valid and the Trump-era replacement known as the Affordable Clean Energy (ACE) rule, which did not require anything except modest gains in efficiency from coal-fired plants, was too weak to meet the EPA’s legal obligation to regulate carbon dioxide. (In 2007, the Supreme Court ruled 5-4 in Massachusetts v. EPA that the EPA is required to regulate carbon dioxide because it causes climate change, and the Clean Air Act mandates that the agency regulate “any air pollutant” that can “reasonably be anticipated to endanger public health or welfare.”)

 Eventually, West Virginia challenged that ruling, leading to the decision announced today.

Thursday, June 30, 2022 in Yahoo News

View of small-town street with brick buildings and cars parked in diagonal parking with string lights going across street in Cleveland County, Oklahoma.

Norman, Oklahoma Eliminates Parking Mandates

The city made a subtle, one-word change that frees up developers to build parking based on actual need and eliminates costly unnecessary parking.

September 14, 2023 - Next City

Few passengers waiting in subway station with multiple platforms and "North Station" signs in Boston, Massachusetts

Boston Transit Riders Report Safety Concerns

Almost three-quarters of current and former riders report feeling unsafe while using MBTA services.

September 18, 2023 - Hoodline

View of Boston from Bunker Hill with statue in foreground

Boston to Begin Zoning Code Update, Mayor Announces

It’s been nearly 60 years, but the city of Boston is finally ready to do a comprehensive rewrite of its zoning code.

September 14, 2023 - The Boston Globe

Aerial view of large warehouses in Southern California with hills in background.

California Air Regulators to Crack Down on Warehouses

Truck traffic to and from Southern California warehouses accounts for as much pollution as refineries, power plants, and other industrial polluters combined.

September 22 - Los Angeles Times

Close-up of bioswale drain with pebbles and various small plants with water running through.

FEMA Climate Resilience Loans Target Small Communities

A new loan program reduces the bureaucratic hurdles to implementing small-scale climate adaptation projects.

September 22 - Grist

Silver and red WMATA public bus at station in Washington, D.C.

D.C. Delays Bus Lane Enforcement

The program using cameras to ticket drivers who block bus lanes was scheduled to begin this week.

September 22 - DCist