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

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

7 hours ago - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.