The justices agreed with lawyers for West Virginia, saying Congress did not give environmental regulators broad authority to reshape the system for producing electric power by switching from coal to natural gas, wind turbines and solar energy.
“Today, the court strips the Environmental Protection Agency (EPA) of the power Congress gave it to respond to the most pressing environmental challenge of our time,” Kagan wrote.
In a 6-3 decision, the Supreme Court took away the president’s administration authority to implement regulations under the Clean Air Act to reduce carbon emissions at power plants. The majority opinion was delivered by Chief Justice John Roberts.
“Today, the court strips the Environmental Protection Agency (EPA) of the power Congress gave it to respond to the most pressing environmental challenge of our time,” Kagan wrote. “The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening. Respectfully, I dissent,” Kagan concluded.
I am no environmentalist but if agencies created by congress are not allowed to do the job assigned to then our administrative system becomes dysfunctional. What is next on their agenda? Could it be the Voting Rights Act or same sex marriage? Since Black Clarence Thomas is married to a White woman. Loving v. Virginia, 388 U.S. 1 (1967) is not likely to be overturned.
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