Supreme Court Wounded, but Didn’t Kill, Biden Climate Powers – The American Prospect

Source: Supreme Court Wounded, but Didn’t Kill, Biden Climate Powers – The American Prospect

The Supreme Court just dealt a blow to the Biden administration’s ability to reduce climate pollution, precisely when we need all hands on deck to address the climate emergency. In a bad but limited decision, the Court curtailed a section of power plant emissions regulation under the Clean Air Act.

But contrary to the doomsday headlines and hand-wringing, the Supreme Court did not foreclose all roads to climate action with its decision in West Virginia v. EPA.

The decision shined a floodlight on the narrow, rapidly closing window President Biden has to act with all his powers to steer the country away from climate chaos. He must do everything in his power to curb fossil fuel emissions­—and he has a menu of options still available to do so.

Importantly, the Supreme Court’s decision left other powers under the Clean Air Act intact. For example, the Environmental Protection Agency can adopt a national science-based cap on climate pollution and require states to come up with plans to meet that cap. Chief Justice John Roberts indicated in his majority opinion that this may be a “sensible solution” to greenhouse gas regulation.

The EPA can also compel steep reductions in climate emissions from cars and trucks, as well as airplanes, ships, and trains. Only power plant emissions were addressed in the ruling.

The decision shined a floodlight on the narrow, rapidly closing window President Biden has to act.

Biden can direct federal agencies to stop approving new fossil fuel infrastructure projects, starting with the Formosa Plastics petrochemical complex in Louisiana, the Enbridge Line 3 pipeline in Minnesota, and the Sea Port Oil Terminal project off the Texas coast.

Building new fossil fuel infrastructure locks in future climate-damaging emissions. As U.N. Secretary-General António Guterres recently said, “Investing in new fossil fuels infrastructure is moral and economic madness.”

Federal law also allows Biden to ratchet down oil and gas production and deny new permits on federal lands and waters. Permitting has actually increased under Biden, and a recent proposed program from the Interior Department could allow new drilling in some federal waters in the Gulf of Mexico and off Alaska, so there’s work to be done here…