Supreme Court Deals Blow to U.S. Climate Agenda with EPA Decision

The Supreme Court on Thursday curtailed the U.S. Environmental Protection Agency’s authority to set standards on climate-changing greenhouse gas emissions for existing power plants.

The court’s decision in West Virginia v. EPA says that government doesn’t have the power to regulate carbon dioxide emissions from power plants.

While many in the U.S. are celebrating the decision curtailing unelected bureaucrats from making energy policy, California Gov. Gavin Newsom issued a defiant press statement:

“The Supreme Court sided with the fossil fuel industry, kneecapping the federal government’s basic ability to tackle climate change. Today’s ruling makes it even more imperative that California and other states succeed in our efforts to combat the climate crisis. While the court has once again turned back the clock, California refuses to go backward – we’re just getting started. California will remain the tentpole for this movement with record investments and aggressive policies to reduce pollution, to protect people from extreme weather, and to leave our children and grandchildren a world that’s better off than we found it.”

Gov. Newsom, who is making moves for a possible Presidential bid in 2024, doubled down on California’s government-led “forward-thinking climate policies,” claiming full credit.

“Under Governor Newsom’s leadership, California is taking bold action to further advance California’s progress toward an oil-free future and bolster the state’s clean energy economy.”

• $53.9 billion California Climate Commitment
• Booming ZEV market that leads the nation in every category
• Driving toward 100% ZEV sales by 2035
• Preventing harmful oil production in communities and moving to phase out oil drilling and fracking
• International climate partnerships with Canada, Japan, China and New Zealand
• Innovative nature-based solutions to tackle climate change, protect biodiversity and expand access to nature

Nearly every poll taken on American voters’ concerns and priorities shows climate change at the bottom of the list next to abortion. Yet Democrat politicians continue to push their agenda.

The Supreme Court decision summary explains the issue which stems from Obama administration era EPA rules:

“In 2015, the Environmental Protection Agency (EPA) promulgated the Clean Power Plan rule, which addressed carbon dioxide emissions from existing coal- and natural-gas-fired power plants. For authority, the Agency cited Section 111 of the Clean Air Act, which, although known as the New Source Performance Standards program, also authorizes regulation of certain pollutants from existing sources under Section 111(d). 42 U. S. C. §7411(d). Prior to the Clean Power Plan, EPA had used Section 111(d) only a handful of times since its enactment in 1970.”

Chief Justice John Roberts wrote the majority opinion:

“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,” Justice Roberts said. “But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”

It will be interesting to see how this decision impacts the CalEPA.

You can read the Supreme Court decision here.