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Category: JUDICIAL_MN PATA_Supreme_Court_EPA_2022_Related

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Supreme Court muzzles EPA on climate

By Pamela King

Environmental lawyers say the Supreme Court sent a clear message in its landmark ruling in West Virginia v. EPA: If a federal agency wants to craft robust climate regulations, it better not crow about them.
If EPA — or any other federal agency, the White House or even advocacy groups — touts a regulation’s climate significance, lawyers said, that rule could fall victim to the so-called major questions doctrine, which the six-justice conservative majority applied last month in West Virginia to strike down the Obama administration’s Clean Power Plan (Greenwire, June 30).

07/18/22

Op-ed: Reflections on the Supreme Court’s Decision in West Virginia v. EPA

By John Holdren

The only apparent reasons for the Supreme Court to take the case were (1) to allow the Court’s most radical majority in modern times to reduce the Environmental Protection Agency’s authority to address climate change, and (2) to do so in a way that would open the door to future decisions reining in the power of the so-called “administrative state” to regulate industry under broad guidelines granted by the Congress.

07/18/22

The sky hasn’t fallen, but it has darkened. And what we must do about it

In light of the Supreme Court’s ruling yesterday in West Virginia v. EPA, there are two fundamental truths to understand. The first is that the planet is warming, inexorably, coming evermore dangerously close to a point of no return that threatens our way of life and the habitability of the places we call home. The second is that combatting this warming trend requires a wholesale transformation of the market, away from fossil fuels and their associated emissions, on a timeline that meets science-based targets and not the bottom lines of short-term, polluting interests.

07/10/22

E.P.A. Describes How It Will Regulate Power Plants After Supreme Court Setback

By Lisa Friedman

“While the Court sided with special interests trying to take the country backwards, it did not take away E.P.A.’s ability to regulate greenhouse gases and protect people from pollution,” Gina McCarthy, the White House climate change adviser, said in a statement, referring to the federal Environmental Protection Agency.

07/07/22

As Federal Climate-Fighting Tools Are Taken Away, Cities and States Step Up

By Maggie Astor

Legislators in Colorado, historically a major coal state, have passed more than 50 climate-related laws since 2019. The liquor store in the farming town of Morris, Minn., cools its beer with solar power. Voters in Athens, Ohio, imposed a carbon fee on themselves. Citizens in Fairfax County, Va., teamed up for a year and a half to produce a 214-page climate action plan.

07/07/22

The Supreme Court’s EPA ruling was the beginning of something bigger

By Maxine Joselow

When the Supreme Court limited the Environmental Protection Agency’s power to combat climate change last week, Republican attorneys general and conservative legal activists cheered the ruling.

07/06/22

Climate deniers celebrate ruling limiting government power to tackle climate change

By Allison Fisher and Ted MacDonald

The Supreme Court’s 6-3 decision in West Virginia v. Environmental Protection Agency vastly curtails the EPA’s ability to regulate carbon emissions from power plants, thus making it more difficult for the federal government to act on climate change. The case is a result of a “multiyear strategy by Republican attorneys general, conservative legal activists and their funders, several with ties to the oil and coal industries, to use the judicial system to rewrite environmental law, weakening the executive branch’s ability to tackle global warming.”

07/01/22

The Supreme Court Stripped EPA’s Power to Cut Emissions — How Can States Respond?

By Climatexchange Staff

In a 6–3 ruling released Thursday, the Supreme Court struck down the EPA’s ability to broadly regulate emissions. This decision will make it exceedingly difficult for the United States to reduce its greenhouse gas pollution in time to avoid the worst effects of the climate crisis. It’s difficult to see the Supreme Court’s latest decision as anything but a step backwards in this crucial time for action.

07/01/22

Supreme Court ruling gives leverage to businesses

By Andrew Ross Sorkin

The Supreme Court yesterday limited the Environmental Protection Agency’s authority to regulate power plant emissions, dealing a significant blow to the Biden administration’s climate change agenda. The ruling is the product of a longstanding campaign by some conservatives to curtail or dismantle the power of the so-called administrative state, the system of agencies that regulate wide areas of the economy. It is already altering the balance of power between businesses and the regulators that oversee them.

07/01/22

Be the Backlash!

By Bill McKibben

A reasonable reaction to the week’s Supreme Court rulings, which culminated in Thursday’s gutting of the Clean Air Act, would be: we are so screwed.

07/01/22