Dive Brief:
- The U.S. Supreme Court announced today it will take up challenges to the Environmental Protection Agency's (EPA) carbon emissions regulations.
- The Supreme Court will only review one specific aspect of the Clean Air Act: whether the EPA appropriately used its rule regulating automobile emissions as the foundation for its ability to set permit standards for stationary sources of air pollution.
- The Supreme Court did, however, confirm the EPA's authority to regulate greenhouse gas emissions by refusing to review challenges to EPA's interpretation that emissions cause harm to humans and the environment.
Dive Insight:
While the news is a big win for climate change advocates, it may ultimately not mean much for utilities even if the Supreme Court rules against the EPA. That's because the EPA's rules for new and existing power plants derive their authority from a different section of the Clean Air Act that is not part of this particular case. "It means the way is clear to issue carbon pollution standards for power plants under the president’s Climate Action Plan. What the Supreme Court will review is one specific, narrow question," said David Doniger, policy director of the Natural Resources Defense Council.
Not everyone agrees with this interpretation, however. The Supreme Court could hypothetically "gut EPA's ability to regulate stationary sources like power plants," explained Brian Potts, an environmental regulation lawyer at Foley & Lardner. He did, however, say the regulation in question appears to be on "fairly solid legal footing," according to the Washington Post.