During its last session, the Supreme Court’s conservative majority dealt blow after blow to federal agencies’ authority to draft and enforce policies, including those aimed at mitigating climate change. Its decisions have already created upheaval for courts considering issues ranging from the approval of a solar project to vehicle emissions rules. This has upended the legal landscape for judges and for regulators, and could slow climate progress as a result.
The uncertainty has alarmed, but not surprised, legal experts who earlier this summer predicted that four rulings limiting federal authority could curtail the ability of the Environmental Protection Agency and other agencies to limit pollution, govern toxic substances, and mitigate global warming.
“It’s going to throw climate policy into many years of litigating what these cases actually mean when applied to individual rulemakings,” said Deborah Sivas, an environmental law professor at Stanford University. “That’s not good for the energy transition that we actually need to go through.”
... Read more
