THE SUPREME COURT‘S RULING ON EPA

The recent ruling ( 6-3 decision) from the Supreme Court that restricts the authority of the EPA to set regulations from existing coal fired power plants is a blow to the environmental movement.  However, it did not touch other regulations that are carried out through such things as the Clean Air-Clean Water Acts. The case before the court was to pass judgment only on the 2015 Obama era Clean Power Plan that was never put into force.  This plan was in various courts until the Supreme Court used a doctrine called the “Major Decisions Doctrine” to call it unconstitutional.  This doctrine can be summarized by saying that major decisions that affect the nation’s economic and broad areas of society are not intended to be given to any agency (such as the EPA).  Instead, such decisions should be decided by the Congress. This EPA ruling is the first time the Supreme Court has used the “Major Decisions Doctrine”.  Some policy experts say that this doctrine now might be used to further reign in other agencies that are seen as overstepping their constitutional authority.

The dissent was written by Justice Kegan.  She wrote that, instead of “returning” the authority to make major decisions to Congress, the Supreme Court itself has made that decision.  Further, she lamented that an agency full of experts on the environmental health of the nation was weakened and our ability to lead the world in climate change goals has been damaged.

Kansas was one of the states that supported the case against the EPA.  Our Attorney General, Derek Schmidt said, “today, we stopped the Biden Administration from implementing the Green New Deal without approval from the people’s elected representatives in Congress.” 

Political policy makers are sure that the Biden Administration will continue to try to meet the goals expressed at the Climate Summit in Scotland (COP26).  However, if Congress must decide such “Major Decisions” in the future, how can the environmental movement educate congressional members on the importance of reducing carbon emissions for the good of all who live in our country? What should the role of the EPA be in regulating things from insecticides to greenhouse gas emissions?

Earth Steward Action:  Try to have honest discussions about decision making authority and the input from experts in environmental regulation—where does the common good fit into the discussion?

Sources:  https://www.cnbcnews.com/2022/05/30/-supreme-court-says-epa-lacks-authority-on-climate-standards-for-power-plants.html  and https://www.texastribune.org/2022/06/30/enforcemet-epa-supreme-court/