Daily Times

The US Supreme Court ruled Thursday that the government’s key environmental agency cannot issue broad limits on greenhouse gases, sharply curtailing the power of President Joe Biden’s administration to battle climate change.

By a majority of 6-3, the high court found that the Environmental Protection Agency did not have the power to set sweeping caps on emissions from coal-fired power plants, which produce nearly 20 percent of the electricity consumed in the United States.

The decision sets back Biden’s hopes of using the EPA to bring down emissions to meet global climate goals, set in 2015 under the Paris Agreement on climate change. It was a significant victory for the coal mining and coal power industry, which was targeted that same year for tough limits by the administration of then-president Barack Obama in an effort to slash carbon pollution.

It also marked a victory for conservatives fighting government regulation of industry, with the court’s majority including three right-wing justices named by former president Donald Trump, who had sought to weaken the EPA.

Conservatives cheered the decision, while the Biden administration blasted it for undermining the fight against global warming. “This is another devastating decision from the Court that aims to take our country backwards,” the White House said in a statement.

In the case pitting West Virginia and other coal-mining states against the government, the court said that while EPA had the power to regulate individual plants, Congress had not given it such expansive powers to set limits for all electricity generating units.

The majority justices said they recognized that putting caps on carbon dioxide emissions to transition away from coal-generated electricity “may be a sensible solution” to global warming.

But they said the case involved a “major question” of US governance and jurisprudence and that the EPA would have to be specifically delegated such powers by the legislature.

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” they said.

The three-member liberal minority of the court castigated the majority for overruling powers they said EPA did in fact have.