US Supreme Court limits EPA’s ability to control greenhouse gas emissions

• US Supreme Court has curtailed the capacity of America’s top environmental regulator.
• The decision is a blow to the Biden administration’s efforts to combat climate change.
• At issue is the extent to which the EPA should be permitted to interpret parts of the 1970 Clean Air Act.

In a major decision, the US Supreme Court has curtailed the capacity of America’s top environmental regulator to limit greenhouse gas emissions from power plants, dealing a blow to the Biden administration’s efforts to combat climate change.

In a majority judgment written by chief judge John Roberts, the justices decided that when the Environmental Protection Agency was established in 1970, Congress did not specifically authorize it to reduce carbon emissions.

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If the Biden administration intends to adopt comprehensive rules to reduce emissions, it must pass legislation through Congress.

The conclusion of the majority-conservative court stated that “a decision of such scope and effect must be made by Congress or an agency working pursuant to a clear delegation from this representative body.”

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The judges noted that they doubted Congress meant to transfer to an administrative agency the decision of “how much coal-based generation there should be in the coming decades.”

At issue is the extent to which the EPA should be permitted to interpret elements of the 1970 Clean Air Act, including the sections that authorize the EPA to establish emission limits for power plants.