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SUPREME COURT JUSTICES QUESTION

US POWER TO CURB CARBON EMISSIONS LEV RADIN / SHUTTERSTOCK.COM

THE CASE THREATENS TO UNDERMINE PRESIDENT
BIDEN’S PLANS TO TACKLE CLIMATE CHANGE

CONSERVATIVE US SUPREME Court indicated that any broad assertion of Electric Institute, an investor-owned
justices seem sceptical of the federal authority sought by the EPA would utility trade group.
government’s authority to issue constitute a “major question” that under The rule proposed by Trump, a
sweeping regulations to reduce carbon court precedent requires Congress to supporter of the US coal industry who
emissions from power plants in a case have expressly authorised it. also questioned climate change science,
that could undermine President Joe “You are claiming that the was meant to supplant Democratic
Biden’s plans to tackle climate change, interpretation gives you the authority former President Barack Obama’s
reports Reuters. to set industrial policy and energy Clean Power Plan mandating major
The court, whose 6-3 conservative policy and balance such things as reductions in carbon emissions from
majority has shown wariness toward jobs, economic impact, the potentially the power industry.
broad federal agency actions, was catastrophic effects of climate The Supreme Court blocked Clean
weighing the Environmental Protection change as well as costs,” Alito told US Power Plan implementation in 2016
Agency’s (EPA) authority to regulate Solicitor General Elizabeth Prelogar, without ruling on its lawfulness.
greenhouse gas emissions from existing representing Biden’s administration. Coal-aligned groups want the justices
coal- and gas-fired power plants under The Supreme Court is reviewing the to rule that Biden’s administration
the landmark Clean Air Act. US Court of Appeals for the District cannot take a sweeping approach to
Although some justices questioned of Columbia Circuit’s 2021 decision regulating carbon emissions under
the EPA’s power in an abstract sense, it striking down Republican former Section 111. Such a decision would
remained unclear how they would rule, President Donald Trump’s Affordable prevent the EPA from enforcing
as lawyers representing the EPA and Clean Energy rule. That regulation industry-wide changes, limiting it to
power companies pushed back against would have imposed limits on a Clean actions targeting individual plants.
a decision that would prevent the Air Act provision called Section 111 that That would be a blow for the
agency from issuing any regulation that provides the EPA authority to regulate administration, which wants the US
went “outside the fenceline” - meaning emissions from existing power plants. power sector decarbonised by 2035.
beyond restrictions on individual plants. The case was pursued by Republican- If Biden’s administration loses the
An eventual ruling restricting the led states led by coal producer West case, Congress would need to pass
EPA’s authority could hamstring the Virginia. Other challengers include coal new legislation for the government
administration’s ability to curb the companies and coal-friendly industry to impose sweeping climate-
power sector’s emissions – representing groups. Coal is among the most related regulations – unlikely given
about a quarter of US greenhouse gases. greenhouse gas-intensive fuels. congressional divisions.
The United States, behind only China in Democratic-led states and Prelogar said the EPA will unveil a
greenhouse gas emissions, is a pivotal major power companies including proposed new regulation by the end of
player in efforts to combat climate Consolidated Edison Inc, Exelon Corp the year, which would likely come after
change on a global basis. and PG&E Corp sided with Biden’s the Supreme Court’s ruling – expected
Conservative Justice Samuel Alito administration, as did the Edison by the end of June.

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News.indd 6 17/03/2022 11:14