The Supreme Court is now officially on recess but what a doozy of a session it’s had! The court expanded gun ownership rights, abolished the federal right to abortion and just yesterday curbed the Environmental Protection Agency’s ability to limit greenhouse gas emissions. All in a week’s work!
The court ruled that the EPA does not have the authority to shift the U.S. away from coal. That power, the court says, “rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.” With Congress? We think they’re going to agree on that?
In her dissent, Justice Elena Kagan said that Congress already did this by empowering the EPA. It’s a chicken-or-egg argument but the majority opinion says that Congress must lay a new egg if it wants to shift towards clean energy because the EPA cannot develop its own “regulatory scheme.”