Major questions

Source: BY MATTHEW CHOI, Politico • Posted: Sunday, June 12, 2022

The Supreme Court is slated to rule on EPA’s authority to regulate power plants’ greenhouse gas emissions this month, and the outcome could have significant impact on how the federal bureaucracy functions.

The case goes into a right-wing challenge on the ability of agencies to regulate on “major” actions impacting swaths of the country and economy without the express intent of Congress. A narrow reading of agency powers could hamstring EPA’s efforts to revamp Obama-era pollution rules — one of the Biden administration’s most direct moves to rein in greenhouse gas emissions. Legal experts widely expect the court to side with conservatives arguing the Obama-era rules went beyond their legal scope.

But a ruling restricting agency authority could upend a host of other regulations, including environmental and climate-focused rules such as an EPA proposal to strengthen carbon dioxide limits for new vehicles and the Securities and Exchange Commission’s proposed climate risk disclosure rule.