Some of the Supreme Court’s conservative justices seemed skeptical Monday that the Environmental Protection Agency can proceed with sweeping regulation of climate-warming emissions from the nation’s power plants without clearer authority from Congress.
the Obama administration’s plan to drastically reduce power plants’ carbon output in 2016. The plan never went into effect, but its emission reduction goals were met ahead of schedule because of economic conditions that made coal-fired plants more expensive.
What the Republican states and coal industry want, she said, “is a decision to constrain EPA’s authority in the upcoming rulemaking. That is the very definition of an advisory opinion, which the court should decline to issue.”Lindsay S. See, West Virginia’s solicitor general, said it was important for the court to address the D.C. Circuit’s ruling on the EPA’s authority.
“There are inside-the-fence technological fixes that could drive the entire coal industry out of business tomorrow,” Kagan said to See. “And an outside-the-fence rule could be very small or it could be very large.”
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