number of cases with the potential for seismic implications, the Supreme Court also took up West Virginia v. Environmental Protection Agency.
have been in question, it’s a testament to the trajectory of this Court that after this term, it registers as relief to still see that authority recognized.whether. And here, the Court has struck a devastating blow.
Instead of recognizing Congress’s purposefully forward-looking construction of Section 111 of the Clean Air Act, which intentionally empowered EPA with broad flexibility in setting standards to ensure that the agency could continue to act on the best available science and emerging solutions over time, this majority instead suddenly asserted that EPA’s authority in setting such standards is in fact narrow and closed.
In practice, this means that instead of EPA setting power plant standards based on the full suite of clean energy technologies available to the power sector — not least of which would include renewable resources like wind and solar — the Court is now forcing EPA to take a blinkered approach, with emission reduction requirements based only on tinkering at the facility margins as opposed to the system as a whole.
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