By deciding in favor of fossil-fuel interests and limited regulatory authority, the Court has hampered the EPA’s ability to mitigate power-plant carbon pollution
The Supreme Court’s decision in the case known as West Virginia et al. v. Environmental Protection Agency et al. is a serious blow to the EPA’s ability to fight climate change—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “Danger Season” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climate change.
The petitioners who brought this case include state-level political officials and coal companies who are single-mindedly determined to block climate action and perpetuate fossil fuel dependence to serve their narrow political or business interests. And as I wrote previously, there are strong grounds to argue that this case should never have been taken up by the Supreme Court in the first place because there is no rule on the books to challenge.
The Supreme Court’s decision is out of step with legal precedent because prior court rulings have given deference to agency expertise in interpreting and implementing laws passed by Congress. It is also contrary to what the latest science shows is necessary and does not reflect the full potential to reduce heat-trapping emissions from the power sector using widely available and cost-effective technologies.
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