The Supreme Court on Thursday dealt a major blow to climate action by handcuffing the Environmental Protection Agency’s ability to regulate planet-warming emissions from the country’s power plants, just as scientists warn the world is running out of time to get the climate crisis under control.
The opinion makes it “more difficult to achieve larger-scale emissions reductions,” Andres Restrepo, senior attorney for the Sierra Club’s Environmental Law Program. “To avoid the worst impacts of climate change we need to do a lot more and move a lot faster. That’s why today’s ruling is such a setback.”
Why this case was so important for climate action
At the heart of Thursday’s opinion was a question over the EPA’s authority to regulate planet-warming emissions from power plants, which are a huge contributor to the climate crisis.
Around 25% of planet-warming greenhouse gas emissions around the globe and in the US come from generating electricity, according to the EPA. And coal, the dirtiest fossil fuel, powers about 20% of US electricity. Emissions from power production rose last year for the first time since 2014, an increase that was mainly driven by coal use.
What the court said
The Supreme Court said the Clean Air Act does not give EPA broad authority to regulate planet-warming emissions from power plants. The agency still has options to regulate emissions, but the court said that the law does not empower the agency to put a limit on emissions and force power plants to move away from fossil fuels and toward renewable energy.
The Clean Power Plan was an Obama-era rule that set a goal for each state to limit carbon emissions, while letting those states determine how to meet those goals. In many cases, ditching coal and natural gas in favor of solar and wind was the most economically viable solution.
Opening the door to more challenges
Kirti Datla, an attorney for Earthjustice, a nonprofit focused on litigating climate issues, said this case paves the way for Republican-led states and fossil fuel companies to challenge current and future EPA rules on planet-warming emissions.
What’s next for the EPA
The Biden administration must now craft a regulation for power plant emissions that will fit within the confines of the Supreme Court’s opinion.
Spokespeople for the White House and EPA said in statements they were reviewing the court’s opinion and would work to move forward with a rule dealing with power plant emissions. The EPA has publicly committed that rule by March 2024, though it could move faster.
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