What Does the EPA Do Now and South American Palm Weevil Solutions

By Joe Scott
Updated on September 16, 2022
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by Adobestock/steheap
The Supreme Court’s ruling on the EPA’s regulation power means Congress must authorize all the agency’s major decisions about environmental protection.

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What Does the EPA Do Now?

As record-setting heat waves rolled across parts of the United States this summer, the Supreme Court ruled that the EPA can no longer regulate carbon emissions from power plants. At the end of the 89 pages of court opinions, the vote came in at 6-3, right down the expected party lines. The ruling states that the Environmental Protection Agency (EPA) can’t do anything major without running it by Congress first, because of the “major questions doctrine.” This Congressional-approval precedent may apply to other government agencies as well.

The Supreme Court made the decision while reviewing an Obama-era rule, the Clean Power Plan, that had already been revoked — blocked by the court and then later scrapped altogether by the Trump administration. Prior to this ruling, the Biden administration said it wouldn’t revive the Clean Power Plan, but the court still took it up.

Many conservatives are touting the ruling as a major victory for coal producers. However, it’s unclear what this will do for the ailing industry, which declined even after the Clean Power Plan was scrapped. Many analysts emphasize market forces, not regulation, playing the decisive role in coal’s decline. Even so, coal remains a potent political symbol in election after election.

The majority opinion of the court allows, “Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day.'” However, the opinion goes on, the Clean Air Act, which established the EPA, did not give the agency authority to do just that, because it would be a decision of “such magnitude and consequence.” The opinion, it seems, is that Congress, a body representative of “the people,” will make more democratic decisions regarding climate change. And whether or not that’s the case, after this ruling, the EPA’s authority to do as its name states and regulate environmental protection will be limited.

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