The Supreme Court rules that the EPA does not have unlimited powers to make rules in accordance with THEIR interpretation of legislation. If new rules are required, the legislature should pass new laws. It is a curtailment of the executive branch, which you would think that Congress would applaud, but the Democrats don’t. What it amounts to is a curtailment of the Green New Deal.
By a vote of 6-3, the court agreed with Republican-led states and coal companies that the U.S. Court of Appeals for the District of Columbia Circuit was wrong when it interpreted the Clean Air Act to give the EPA expansive power over carbon emissions. The decision, written by Chief Justice John Roberts, was handed down on the final opinion day of the 2021-22 term.
Two different and conflicting sets of regulations – neither of which is currently in effect – were at issue in the case, known as West Virginia v. EPA. In 2015, the Obama administration adopted the Clean Power Plan, which sought to combat climate change by reducing carbon pollution from power plants – for example, by shifting electricity production to natural-gas plants or wind farms. The CPP set individual goals for each state to cut power-plant emissions by 2030. But in 2016, the Supreme Court put the CPP on hold in response to a challenge by several states and private parties.
Jonathan Turley opines: