President Joe Biden's climate-related agenda, already under threat due to congressional failure to pass key legislation, now faces the prospect of a hostile reception at the U.S. Supreme Court that could have lasting consequences on the use of federal power to tackle environmental issues.
sided with Biden's administration, as did the Edison Electric Institute, an investor-owned utility trade group. The utility industry believes regulatory certainty will help companies devise investment plans.
Coal-aligned groups now want the justices to rule that Biden's administration cannot take a sweeping approach to regulating carbon emissions under Section 111. Such a decision would prevent the EPA from enforcing industry-wide changes, confining it to measures targeting individual plants. The challengers in the latest case are making similar arguments that Congress did not explicitly empower the EPA to issue sweeping regulations under Section 111.
The justices also could dismiss the appeal altogether if they conclude the challengers lack proper legal standing considering there is no regulation currently on the books. Biden's administration also could seek action from other agencies and departments like fast-tracking electric transmission projects that could connect far-flung solar and wind farms to consumers.
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