It says that EPA needs clear authorization from Congress in order to establish a cap and trade program or to accommodate or require generation shifting-that is, the shifting of power production from dirtier sources of electricity generation, like coal and gas, to renewable or zero-polluting generation, like solar and wind and hydro. It certainly constrains some of EPA’s authority under this particular provision. What changes might we see because of this ruling? Thompson, previously an attorney at the EPA, discussed the recent ruling and its implications. Justice Elena Kagan dissented, joined by Justices Stephen Breyer and Sonia Sotomayor, arguing that the text of the Clean Air Act is written with broad language to anticipate dealing with new problems like climate change and that the majority’s decision contradicts nearly a century of regulatory law.ĬU Boulder Today spoke with Jonathan Skinner-Thompson, associate professor at Colorado Law and director of the Getches-Green Natural Resources, Energy & Environmental Law Clinic. In a 6-3 majority led by Chief Justice John Roberts, the court denied the EPA the authority to create emissions caps, stating that Congress must provide specific direction to the EPA-instead of a broad scope of power- for the agency to regulate greenhouse gas emissions. Environmental Protection Agency (EPA), limiting the EPA’s authority under a provision of the Clean Air Act to regulate greenhouse gas emissions from the power sector. Supreme Court delivered its ruling on West Virginia v.
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