The Hoosier Environmental Council is deeply disappointed by the U.S. Supreme Court’s ruling today that impedes EPA’s, and the nation’s, ability to fight climate change.  The Court voted 6 to 3 to overturn an appellate court decision upholding EPA authority to regulate greenhouse gases, even though earlier Supreme Court cases had upheld EPA’s regulation of carbon dioxide emissions under the Clean Air Act. 

“The Supreme Court assumed the role of Congress in setting air pollution regulatory policy in anticipation of future EPA rules, even though no EPA greenhouse gas regulations for power plants are in effect now,”  said Kim Ferraro, senior staff attorney.  “We are concerned that the court’s embrace of the “major questions” doctrine will be used to roll back other health, environmental and safety rules intended to protect Americans and our environment.”

“Climate change is an immediate health and environmental crisis, and the Court’s decision makes national and state action to address this crisis much more difficult,” said Tim Maloney, HEC’s senior policy director.  “Indiana is already experiencing worsening flood events, more extreme summer temperatures and greater rainfall – over 6 inches a year more precipitation across much of Indiana.”   

“Despite the Court’s view that EPA’s former Clean Power Plan (CPP) would have dramatic social and economic impacts, the evidence presented to the Court demonstrated that the CO2 emission cuts required by the CPP have already been achieved by shifts in electric power generation toward more renewables and away from fossil fuels.  But EPA’s authority to adopt new rules to further reduce carbon emissions will be needlessly limited by today’s court decision,” said Maloney. 

Learn more about the West Virginia v. EPA decision on Friday’s 11 am (eastern) webinar hosted by our friends at the Environmental Law and Policy Center. 

https://us02web.zoom.us/webinar/register/WN_TJ-jjoEfQgulqn8y1vMSQA

Read more on the case below:

https://www.epa.gov/newsreleases/epa-administrator-regan-issues-statement-west-virginia-v-environmental-protection

https://earthjustice.org/news/press/2022/supreme-court-rolls-back-epa-authority-to-fight-climate-change