The Supreme Court’s Latest Assault on Climate Action: A Recipe for Disaster
The Supreme Court is once again poised to stall action on climate change, this time by considering a request to pause new pollution regulations for coal-fired power plants. The Environmental Protection Agency (EPA) finalized rules this year aimed at curbing greenhouse gas emissions from coal plants, but red states and industry groups are challenging the EPA in court and asking SCOTUS to step in and stop the rules from being implemented.
The request is now in the Supreme Court’s "shadow docket," which allows the court to issue a stay on the rules at its whim. This is a trend that’s grown since 2016, when the Supreme Court issued a surprise stay on the Obama administration’s attempt at regulating greenhouse gas emissions from power plants. The Obama-era rules never went into effect and were eventually rolled back by the Trump administration.
The Supreme Court’s decision on the stay could potentially also influence new rules the EPA is still crafting for existing gas-fired power plants, which make up a bigger source of electricity than coal in the US. Those rules aren’t expected until after the November elections, giving Trump another chance to reverse course.
A Recipe for Disaster
The Supreme Court’s willingness to second-guess the scientists at EPA is a recipe for disaster. If the court shows that it is once again willing to override the scientific consensus on climate change, it will be understandable if those scientists get a little more gun shy.
The EPA’s plans to rein in the greenhouse gas emissions allow fossil fuel power plants to keep running as long as they install technologies that capture carbon dioxide emissions. This is a flawed approach that lets down health and environmental advocates who had hoped that a transition to renewable energy would fight climate change and push utilities to phase out fossil fuel plants that spew soot and other kinds of pollutants into nearby neighborhoods.
A Trend of Judicial Overreach
The Supreme Court’s decision to overturn a legal doctrine called Chevron deference in June is a worrying sign of judicial overreach. Chevron deference previously allowed federal courts to defer to the EPA and other federal agencies in disputes over how to interpret ambiguous language in legislation. The court’s decision to overturn this doctrine means that federal agencies will now have to jump through even more hoops to implement regulations, making it even harder for them to take action on climate change.
The Consequences of Inaction
The consequences of inaction on climate change are dire. Rising temperatures are already causing devastating wildfires, droughts, and storms around the world. If we don’t take immediate action to reduce our greenhouse gas emissions, the consequences will be catastrophic.
The Supreme Court’s decision on the stay could have far-reaching consequences for the future of our planet. It’s time for the court to recognize the gravity of the climate crisis and allow the EPA to take action to reduce our greenhouse gas emissions. Anything less is a recipe for disaster.
