The Supreme Court’s EPA decision sends an ominous signal that it could restrict the ability of federal agencies to regulate workplace safety, health care, product safety, water protections, vehicle safety, telecommunications and the financial sector.
On the last day of its term, the Supreme Court handed down a case no less impactful than its shameful ruling a week earlier that overturnedthe court’s right-wing members confirmed they are in the pockets of the fossil fuel companies. The 6-3 majority sided with coal companies and Republican-led states to restrain the Environmental Protection Agency’s power to regulate carbon emissions.
“Today, the Court strips the [EPA] of the power Congress gave it to respond to ‘the most pressing environmental challenge of our time,’” Elena Kagan wrote in the dissent joined by Stephen Breyer and Sonia Sotomayor. Last year, the Court of Appeals for the D.C. Circuit halted both President Donald Trump’s repeal of the CPP and the ACE Rule and sent the case back to the EPA. The appellate court took issue with the Trump administration’s narrow interpretation of the EPA’s authority.
“Whatever else this Court may know about, it does not have a clue about how to address climate change,” Kagan wrote. “And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.” She adds, “The Court appoints itself — instead of Congress or the expert agency — the decisionmaker on climate policy. I cannot think of many things more frightening.
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