Supreme Court Case Could Restrict Biden’s Effort To Tackle Climate Crisis

By Oliver Milman | February 24, 2022 | The Guardian

Joe Biden’s faltering effort to tackle the climate crisis faces a further, potentially devastating, blow on Monday in a supreme court case that experts warn could severely restrict any future US government attempt to limit planet-heating emissions.

The court has agreed to hear a case brought by West Virginia, supported by 18 other Republican-led states, that takes aim at the Environmental Protection Agency’s (EPA) ability to issue strict regulations to curb pollution from fossil fuel-fired power stations.

The decision by the conservative-leaning court to even consider an argument about a hypothetical regulation that hasn’t been proposed by the EPA has surprised onlookers. It is also an ominous sign for the authority of a Biden administration already frustrated over major clean energy legislation that has stalled in Congress due to opposition from Republicans and centrist Democrats such as West Virginia senator Joe Manchin.

“This is a vitally important case that will define future federal action on climate change issues,” said Judith Enck, former EPA regional administrator and president of Beyond Plastics. “Congress seems unwilling or unable to address the climate crisis. Federal agencies need to be able to take action.”

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