Opinion | Supreme Court Takes an Axe to the EPA's Ability to Mitigate the Climate Crisis

'Restoring the EPA's power to comprehensively regulate power sector carbon emissions will require decisive congressional action.'

But the Supreme Court's reas­on­ing in this case imper­ils evid­ence-based poli­cy­mak­ing. As Justice Kagan notes in,"The Court appoints itself—instead of Congress or the expert agency—the decision­maker on climate policy. I cannot think of many things more fright­en­ing.

The decision also exacer­bates the governance crisis in this coun­try. By gutting regu­lat­ory agen­cies' abil­ity to use exist­ing stat­utory author­ity to respond to contem­por­ary soci­etal needs, the Court places the onus on Congress to amend count­less laws to expressly author­ize agen­cies to"make decisions of vast economic and polit­ical signi­fic­ance," whatever that means.

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