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US Supreme Court says EPA can’t regulate carbon pollution under Clean Air Act – TechCrunch

US Supreme Court says EPA can’t regulate carbon pollution under Clean Air Act – TechCrunch

In a move that by now surprises absolutely no one, the U.S. Supreme Court today ruled that the Environmental Protection Agency does not have the authority to regulate carbon pollution from existing power plants.

The 6-3 decision, with the three liberal justices dissenting, makes it increasingly likely that an act of Congress will be required to create regulations to rein in planet-warming emissions.

“Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” Chief Justice John Roberts wrote in the majority opinion, which was joined by the five other conservative justices on the bench.

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“On EPA’s view of Section 111(d), Congress implicitly tasked it, and it alone, with balancing the many vital considerations of national policy implicated in the basic regulation of how Americans get their energy,” Roberts wrote. “There is little reason to think Congress did so.” In instances like this, he said, “[a] decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”

The dissenting justices did not agree with Roberts’ assessment, arguing instead that the EPA has clear authority in this case under the Clean Air Act.

“Congress charged EPA with addressing those potentially catastrophic harms, including through regulation of fossil fuel-fired power plants,” Justice Elena Kagan wrote in the dissenting opinion. “Section 111 of the Clean Air Act directs EPA to regulate stationary sources of any substance that ‘causes, or contributes significantly to, air pollution’ and that ‘may reasonably be anticipated to…

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