Supreme Court Issues Climate Risk Detection Decision – To Decide If EPA, or Congress, Has Authority to Regulate CO2 – Watts Up With That?

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On the final day of court opinions made in the current session, the US Supreme Court is expected to issue a new ruling related to climate change, ending a series of high-profile cases published in recent days. The case before the US Supreme Court is the Environmental Protection Agency (EPA) West Virginia vs. The case was last heard by the Court in February and is expected to be among the final rulings to be announced Wednesday morning when the court wraps up its work before the summer break.

The main plaintiff in the case is West Virginia Attorney General Patrick Morrisey; he was joined by attorneys from Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wyoming. Morrissey’s office is also representing the interests of the two coal companies in the case.

The EPA, supported by the administration of President Joe Biden, is represented by the Attorney General of the United States.

Ultimately, the plaintiffs argued that the EPA did not have the authority to regulate power plant emissions and that Congress should be given that power. The plaintiffs argue that decisions around emissions should be in the hands of elected officials, not the EPA.

The EPA responded to the argument by saying that the Court should not read into the text an artificial restriction because any certification would be targeted at states, not federal agencies.

What the court decides will have huge implications for federal administrative powers and climate change policy.

The Clean Air Act of 1963 was the first federal law to control air pollution. It established a federal program in the US Public Health Service and authorized research into air pollution control and monitoring techniques. Four years later, in 1967, the Air Quality Act was enacted to expand the activities of the federal government. Specifically, the 1967 update allows the government to pursue enforcement proceedings as it relates to the interstate transportation of air pollution. As part of this process, the federal government first conducted significant, extensive ambient monitoring studies and stationary source tests to understand the dispersion and movement of substances. pollution into the air.

However, the move to further regulate clean air was pushed by Republican President Richard Nixon. On December 31, 1970, Nixon signed the Clean Air Act, a landmark legislation that resulted in significant environmental and public health benefits across the country.

“I think 1970 will be seen as the year of the beginning, in which we really begin to solve the problems of clean air, clean water, and open space for future generations of America,” said General. President Nixon speaks at the signing ceremony.

President Nixon established the Environmental Protection Agency in 1970, with a focus on clean air and, ultimately, clean water. In his 1970 State of the Union Address, President Nixon said, “The big question of the ’70s was, would we surrender to our surroundings, or would we make peace with nature and begin compensate for the damage we have done to our air, our land, and our water? “

Since becoming law, the Clean Air Act has had significant amendments added over time, with 1977 and 1990 enhancing the federal government’s authority and responsibility.

After the first 20 years of the Clean Air Act, in 1990, according to the EPA, it prevented more than 200,000 premature deaths and nearly 700,000 cases of chronic bronchitis were avoided. Between 1990 and 2010, the total emissions of the six major air pollutants fell by more than 41 percent, while Gross Domestic Product increased by more than 64 percent.

In recent years, some have wanted to expand the scope of the Clean Air Act to address climate change. While the science is still inconclusive, many scientists believe that there is a link between air pollution and the burgeoning global climate, with some theorizing that carbon dioxide, the main byproduct of gas engines, diesel engines, and fossil fuel-powered power plants, are affecting global temperatures around the Earth.

In the 1970 law, the EPA was required to issue new “operating standards” for any newly constructed “fixed pollution sources,” including power plants. All power plant regulations must go through this process, and the federal government works with state governments to ensure that EPA standards are met through coordinated enforcement measures.

In 2015, the administration of President Barack Obama created the Clean Power Plan within the framework of the Clean Air Act. The Clean Power Plan (CPP) sets the first limits on carbon pollution from US power plants. The aim of President Obama’s plan is to recreate power plant pollution and accelerate the transition away from fossil fuels, citing climate change as the main reason for the updated rule.

In 2019, President Donald Trump’s administration ended the Clean Power Plan. The then EPA administrator Andrew Wheeler criticized Obama’s policy, saying, “The CPP would require low- and middle-income Americans to bear the costs of the previous administration’s climate plan. “. Wheeler added, “One analysis predicted double-digit electricity price increases in 40 states by CPP.”

In a 2007 Supreme Court case, Judges ruled 5-4 in Massachusetts against the EPA that the agency must limit greenhouse gases under the Clean Air Act if they pose a threat to health. community health. In an endangered 2009 finding, the EPA determined that carbon dioxide is indeed a threat to public health. Based on that Supreme Court ruling, the Trump administration cannot simply kill the CPP; it should have a reasonable replacement for it.

With the repealing of the CPP, the Clean Affordable Energy (ACE) rule was put in its place. The ACE rule establishes emissions guidelines for states to use when developing plans to limit carbon dioxide in their coal-fired power generation units.

However, the ACE rule is short-lived. On January 19, 2021, the DC Circuit Court vacated the Affordable Clean Energy rule and turned to the EPA to proceed with further proceedings consistent with its position.

At this point, President Biden and the EPA have yet to reinstate President Obama’s Clean Power Plan, saying they want to develop their own regulations for power plants.

Before a new rule could be created, however, West Virginia and the other Plaintiffs brought the matter before the Supreme Court.

On Wednesday, the Supreme Court could agree with West Virginia, taking climate change policy out of the hands of the EPA and leaving it to Congress and/or individual states to do what they feel is best for interests of their constituents. Such a decision would kill President Biden’s ambitious plans to make America’s electricity sector completely carbon-free by 2035. With Congress unable to move on any bipartisan policy In response to air pollution, any Supreme Court decision to limit the President’s administration and the EPA from regulating greenhouses would result in action now.

The Supreme Court could decide to restrict the language of the Clean Air Act to the EPA’s authority over power plants. In this case, it could provide an avenue for the EPA to regulate greenhouse gas pollution through something other than the Clean Air Act.

Either way, the Supreme Court’s ruling will be watched carefully by everyone watching the future of carbon dioxide emissions in the US.

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