Analysis

Court's Ruling Leaves Narrow Path For EPA's Climate Rules

By Keith Goldberg (June 30, 2022, 7:41 PM EDT) -- The U.S. Supreme Court's interpretation of the Clean Air Act on Thursday left the U.S. Environmental Protection Agency with avenues to regulate greenhouse gas emissions, but any novel legal approaches the agency takes to tackle climate change will face headwinds given the court's skepticism of broad agency power.

The high court's conservative majority sharply limited the EPA's authority to reduce GHG emissions from existing power plants in ruling that the Obama-era Clean Power Plan giving states the option to promulgate regulations that would encourage so-called "generation shifting" to clean energy isn't allowed by Section 111(d) of the CAA.

But the 6-3 ruling...

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