The court’s decision in West Virginia v. EPA doesn’t go as far as some climate activists feared it might. But it’s a road map for future challenges.
with nonexistent harms to the people who brought the suit, the Supreme Court took an opportunity to curb the ability of the Environmental Protection Agency to regulate the power sector’s carbon emissions.was one of the stranger cases on the docket. For one thing, it concerned a dispute that didn’t really exist. The complaint was about the Clean Power Plan, a set of rules issued by the EPA in 2015 that would have pushed power plants to substantially cut carbon emissions by 2030.
That rationale doesn’t undermine the EPA as much as some environmental advocates had feared. The decision will still allow the agency to regulate power plant emissions, though more narrowly than before. And the court didn’t take the opportunity to unwind the precedent that says agencies like the EPA can tackle carbon emissions broadly.
The dispute, brought by a group of red-state attorneys general, hinged on a part of the Clean Air Act that allowed the agency to set the “best system of emission reduction” at power plants. The question before the Court was one of scope. Perhaps by “best system” Congress meant the EPA could require emissions-cutting technology at specific power plants, as it had for other pollutants.
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