Today, the Supreme Court limited EPA’s ability to regulate carbon pollution from the nation’s power plants under the Clean Air Act.
This is a serious blow to efforts to address climate change. And on the heels of other seismic Supreme Court decisions in the past two weeks, it has put the Court under a great deal of scrutiny.
The Court held that, while the EPA could compel coal-fired power plants to use the best pollution reduction technology, it could not, without more express authority from Congress, force the plants to shift from coal to natural gas or renewable energy. Chief Justice Roberts wrote that “capping carbon emissions at a level that will force a nationwide transition away from the use of coal . . . may be a sensible solution to the crisis of the day,” but added that such a momentous and consequential decision, “rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”
The Court does not entirely eliminate EPA’s authority to act, nor does it outright dismiss the urgency of climate change, but it has made the path to addressing climate much more difficult. As in Dobbs, in which the Court overturned Roe v. Wade, the Court is challenging Congress and the states to act.
For far too long, Congress has been dysfunctional, and its failure to act to supplement and strengthen decades-old environmental laws to meet new challenges has put the country in jeopardy. That has to change.
States must continue to lead as well, just as Illinois has done through the Climate and Equitable Jobs Act, insisting that electricity generated within the state come from renewable, climate-friendly sources.
The strategies for achieving change on a whole host of issues must necessarily adapt to a new, much more conservative Supreme Court. Prairie Rivers Network is well-positioned to do just that. We will continue to push for smart, strong environmental protections at the state and local levels. And we will redouble our efforts to ensure that Illinois’ members of Congress do their jobs, represent the people, and actually take leadership on the most pressing issues of our time. We can lament the turn the Court has taken, but in this new era, it simply will not work for Congress to hide behind weakly delegated authority to agencies. Our representatives must take action.
