A U.S. Supreme Court decision issued Thursday limits the ability for the U.S. Environmental Protection Agency to implement measures to combat climate change.
In a 6-3 ruling, the high court ruled that Congress did not give the EPA the authority to devise emission caps “based on the generation shifting approach the Agency took in the Clean Power Plan” when it passed the Clean Air Act. This ruling has broad implications, according to Andrew Twinamatsiko, an associate director of the Health Policy and the Law Initiative at the O’Neill Institute for National and Global Health Law at Georgetown Law. In a statement following the decision, he said the ruling “is a huge blow to any hope of meaningful effort to combat climate change.”
“With a stroke of a pen, the Court has upended the regulatory framework upon which Congress and federal agencies have relied for almost a century to adopt and implement federal legislation,” he said. “Through the Clean Air Act, Congress authorized the EPA to set guidelines to reduce emissions, in line with its long reliance on regulatory agencies. The EPA, as directed by Congress, then adopted the Clean Power Plan in 2015.
ALBUQUERQUE — Clean-air advocates want the federal courts to stop a new rule that would allow major polluters to turn their pollution controls off. Since 1990, the Clean Air Act has required major sources of pollution to reduce their emissions by the maximum amount possible. However, according to Tomas Carbonell, director of regulatory policy and lead attorney with the Environmental Defense Fund, a new rule issued in January, with no opportunity for public comment, allows those major polluters to reclassify themselves as smaller sources. “In doing so,” he said, “they avoid complying with the most protective emission standards that EPA has issued to reduce emissions of pollutants like mercury, benzene, arsenic and other dangerous compounds.” The Environmental Protection Agency has claimed the rule is required by its new interpretation of the Clean Air Act.
Gina McCarthy was the head of the Environmental Protection Agency under President Barack Obama, starting in July 2013. Under her leadership, the agency undertook an ambitious climate change agenda, curbing emissions from vehicles and working toward the Clean Power Plan, an effort to further cut U.S. greenhouse gas emissions. Many of those regulations are now being undone by her successor, Scott Pruitt, who as attorney general of Oklahoma initiated multiple challenges to EPA regulations. High Country News recently caught up with McCarthy in Lander, Wyoming, as she prepared to address a crowd at the 50th anniversary of the Wyoming Outdoor Council. High Country News: In terms of their impact on Western states and Alaska, what accomplishments at the EPA were you most proud of, and which of these are most threatened by the current administration? Gina McCarthy: Well at this point, I’d say that the current administration is really relooking and reconsidering just about every decision that’s been made under the Obama administration, and I think they’ve made it clear that they want to rethink all the climate efforts.
Given how President Donald Trump has taken aim at the Environmental Protection Agency with regulatory rollbacks and deep proposed budget cuts, it may come as no surprise that the Office of Environmental Justice is on the chopping block. This tiny corner of the EPA was established 24 years ago to advocate for minorities and the poor, populations most likely to face the consequences of pollution and least able to advocate for themselves. It does so by acting as a middleman, connecting vulnerable communities with those who can help them. It heads a group that advises EPA officials about injustices and another that brings together representatives from other federal agencies and the White House to swap proposals. When it works, all the talk leads to grants, policies and programs that change lives.
After more than a decade of freelancing for magazines, newspapers and radio, I’m settling down. Beginning this month, readers of NM Political Report will start seeing more news stories about water, environmental justice, public lands, wildlife, nuclear waste, climate change and energy. As much as I have loved working with different editors and teams over the years, I am relieved that NM Political Report has decided it needs to be covering statewide environmental issues regularly. During a time when issues like climate change, water and environmental regulations have become increasingly important, newspapers nationwide have cut their science and environment beats. On top of that, strapped newsrooms often don’t have the resources—or the subscribers—to justify covering issues that are so important to rural communities.
In a decision on Monday, the U.S. Supreme Court ruled against an environmental initiative that came from President Barack Obama’s administration. Justice Antonin Scalia, who was part of the majority in the ruling, wrote that the Environmental Protection Agency did not take costs into consideration when the agency used the Clean Air Act for new rules related to emissions from power plants. He and the majority said that the EPA put environmental outcomes over the potential costs to energy producers for regulation. “One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits. In addition, ‘cost’ includes more than the expense of complying with regulations; any disadvantage could be termed a cost,” Scalia wrote in the ruling.