In West Virginia v. Environmental Protection Agency, the U.S. Supreme Court ruled against the EPA, restricting it from regulating power plant emissions through the Obama-era Clean Air Plan. In a 6-3 decision along ideological lines, the majority ruled that Congress did not authorize the EPA to use the approach.
“Congress did not grant EPA…the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” wrote Chief Justice John Roberts in the majority opinion.
Justice Elena Kagan, writing the dissent for the three liberal justices, said, "Whatever else this Court may know about, it does not have a clue about how to address climate change. And let's say the obvious: The stakes here are high...The Court appoints itself — instead of Congress or the expert agency — the decision-maker on climate policy. I cannot think of many things more frightening."
References
- Syllabus of West Virginia v. Environmental Protection Agencysupremecourt.gov
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