The Supreme Court’s 6-3 decision today in West Virginia v. EPA limits the Biden Administration’s ability to regulate greenhouse gas emissions (GHGs) from existing power plants, which would further punish American energy producers, shut down coal power plants, and threaten the reliability of the U.S. electric grid. In reaffirming its Major Questions doctrine, the Court’s precedent creates a significant restraint on executive regulatory power in the future.
The Supreme Court’s decision sends a clear message to the Environmental Protection Agency that it cannot use the Clean Air Act to dictate where our electricity will come from and sends a warning to agencies that Congress must give them direct and constitutional authority to implement regulations.
“While not a grand slam ruling, today’s two-run double by the Supreme Court makes it much more difficult for the Biden EPA, or any future administration, to order sweeping environmental changes without congressional approval.” said the Honorable Robert Henneke, Executive Director of the Texas Public Policy Foundation. “The eight-year saga of the Clean Power Plan, and its threat to destroy the American economy, is now over.”
“The demise of the Clean Power Plan not only means that the energy grid will remain reliable for the foreseeable future,” said Ted Hadzi-Antich, Senior Attorney at the Texas Public Policy Foundation, “but also that federal government agencies will think twice before taking regulatory actions that are not specifically authorized by legislation.”
“Ruling in West Virginia’s favor is great news for the American people, both for our pocketbooks and for the integrity of the Constitution,” said the Honorable Jason Isaac, Director of Life:Powered. “Scaling back the Biden administration’s climate chokehold on domestic energy producers is a godsend for our national economy, especially as the American people struggle to cope with record-high energy prices and crippling inflation.”