The Supreme Court dealt a major blow to the Biden administration on the environment, but gave it a small victory on immigration in two decisions announced on Thursday. AP explains.
Chief Justice John Roberts, writing for the court, said the Clean Air Act doesn’t give EPA the authority to regulate carbon dioxide emissions in a way that would force a nationwide transition away from the use of coal to generate electricity, and that Congress must speak clearly on this subject.
“It’s almost as if the court needs Congress to make a new law every time a new problem emerges, which is ridiculous and dangerous,″ said Georgetown University Law Professor Lisa Heinzerling, a former EPA official. She authored winning arguments in a 2007 case in which a previous high court found that greenhouse gases are air pollutants under the Clean Air Act and can in fact be regulated by the EPA.In the short term.
“In a way, this ruling is most concerning for communities who live on the fence line of power plants, who are exposed on a daily basis to the airborne pollutants that are released with greenhouse gases, and they face the most acute exposures,” said Sabrina McCormick, associate professor of environmental and occupational health at George Washington University.
Even before the court’s ruling, opponents were threatening court action challenging the Education Department’s proposed rule extending protections under the Title IX women’s rights law to LGBTQ students, and an upcoming regulation of the rights of transgender students in athletics.
UCLA law professor Blake Emerson said that as a result of the ruling, agencies are likely to become more cautious ”and maybe less effective in their efforts to address major threats to public health and safety.”The court ruling says it is up to Congress to act with specificity on “major questions” such as climate change. That is unlikely.
However, West Virginia Sen. Shelley Moore Capito, the top Republican on the Senate environment panel, hailed the court ruling, which comes in a case brought by her state.
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