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US supreme court hobbles government power to limit harmful emissions
Court sides with Republican states as ruling represents landmark moment in rightwing effort to dismantle ‘regulatory state’
Excerpt:
The US supreme court has sided with Republican-led states to in effect hobble the federal government’s ability to tackle the climate crisis, in a ruling that will have profound implications for the government’s overall regulatory power.
In a 6-3 decision that will seriously hinder America’s ability to stave off disastrous global heating, the supreme court, which became dominated by rightwing justices under the Trump administration, has opted to support a case brought by West Virginia that demands the US Environmental Protection Agency (EPA) be limited in how it regulates planet-heating gases from the energy sector.
The case, which was backed by a host of other Republican-led states including Texas and Kentucky, was highly unusual in that it was based upon the Clean Power Plan, an Obama-era strategy to cut emissions from coal-fired power plants that never came into effect. The Biden administration sought to have the case dismissed as baseless given the plan was dropped and has not been resurrected.
Not only was this case about a regulation that does not exist, that never took effect, and which would have imposed obligations on the energy sector that it would have met regardless. It also involves two legal doctrines that are not mentioned in the constitution, and that most scholars agree have no basis in any federal statute.
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