The U.S. Supreme Court (SCOTUS) has ruled on a 6-3 margin that Congress did not authorize the Environmental Protection Agency (EPA) to regulate coal and natural gas plants.
The U.S. Supreme Court has ruled on a 6-3 margin that Congress, in drafting federal environmental policy, did not authorize the Environmental Protection Agency to regulate coal and natural gas plants in order to decrease their carbon emissions.
The Clean Power Plan sought to control emissions with a three-pronged system, two of which involved “generation shifting,” a move in electricity production towards renewable energy. Broadly, the Court, in a majority opinion authored by Chief Justice John Roberts, ruled that forced transition into renewables strays too far from the original intent of the Clean Air Act.
Indeed, the Agency nodded to the novelty of its approach when it explained that it was pursuing a ‘broader, forward-thinking approach to the design’ of Section 111 regulations that would “improve the overall power system,” rather than the emissions performance of individual sources, by forcing a shift throughout the power grid from one type of energy source to another.
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