Skip to content
LPBN-Icon-v1 (1)
The Right Coast
A Member of the Law Professor Blogs Network

Revisiting Climate at the Supreme Court – WSJ

By Thomas A. Smith

After the D.C. Circuit Court of Appeals blocked the Trump redo in January, some states and coal companies petitioned the Court to consider the scope of the EPA s authority to regulate greenhouse-gas emissions from power plants. They are understandably worried that the Biden Administration will seek to re-impose the Obama Clean Power Plan.

The Supreme Court accepted their petitions in an order Friday afternoon. Massachusetts v. EPA was one of the largest judicial grants of power to the administrative state in history. The new cases are a chance for the Court to state that, if Congress wants to regulate greenhouse gases as a pollutant, it should say so explicitly. That would be a victory for the rule of law and the proper understanding of the separation of powers.

via www.wsj.com

You go, Court. Or 5 of you anyway.