Read the full story at The Regulatory Review.
Electricity generating plants produce enormous amounts of carbon dioxide and thus account for approximately one-quarter of America’s emissions of greenhouse gases that cause global warming. The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan sought to reduce these emissions by shifting utility generation systems toward using cleaner means of making electricity.
EPA issued the Clean Power Plan in 2015. The Supreme Court then took the extraordinary step of staying the Plan’s implementation. That made it clear that a majority of justices believed that EPA lacked the legal authority to adopt it. Due to President Donald J. Trump’s appointments, the Court has become only more conservative since then. So the Court’s recent decision in West Virginia v. EPA to invalidate the Plan is no surprise. But the Court’s approach represents unwarranted judicial activism.