07.02.22
On Thursday, the US Supreme Court ruled, by 6-3 majority, that the Clean Air Act does not give the Environmental Protection Agency broad authority to regulate greenhouse gas emissions from power plants that contribute to global warming. Environmental activists called the ruling a major step in the wrong direction, pointing to increasing environmental damage attributable to climate change.
But observers said the decision won’t impact the Agency’s general regulatory authority.
“The significance of the loss for EPA here, losing the ability to use generation-shifting, is a significant constraint … under the law, but EPA does retain its authority to regulate greenhouse gases under the Clean Air Act. That is not a doubt, no one is disputing that,” Jack Lienke, regulatory policy director at New York University’s Institute for Policy Integrity, told The Hill. “So EPA will move forward with another rule, and there are still tools available to get emission reductions.”
The Biden Administration is struggling to find footing on environmental issues. In December, Sen. Joe Manchin (D-WV) said he would not back the Build Back Better spending package, which is designed to address the largest sources of emissions: transportation and electric power.
Now the Administration is racing to get some of its agenda passed, as Republicans look to gain control of the House and Senate in the November 2022 mid-term elections.
But observers said the decision won’t impact the Agency’s general regulatory authority.
“The significance of the loss for EPA here, losing the ability to use generation-shifting, is a significant constraint … under the law, but EPA does retain its authority to regulate greenhouse gases under the Clean Air Act. That is not a doubt, no one is disputing that,” Jack Lienke, regulatory policy director at New York University’s Institute for Policy Integrity, told The Hill. “So EPA will move forward with another rule, and there are still tools available to get emission reductions.”
The Biden Administration is struggling to find footing on environmental issues. In December, Sen. Joe Manchin (D-WV) said he would not back the Build Back Better spending package, which is designed to address the largest sources of emissions: transportation and electric power.
Now the Administration is racing to get some of its agenda passed, as Republicans look to gain control of the House and Senate in the November 2022 mid-term elections.