The United States Supreme Court has severely restricted the ability of the federal Environmental Protection Agency (EPA) to force reductions in CO2 emissions.2 by US power plants. This decision, published Thursday, June 30, will hamper the task of President Joe Biden, who has set himself the goal of producing carbon-neutral electricity in the United States by 2035. It was taken by a majority made up of six conservative judges (out of nine members of the Court). They say Congress never gave such power to the EPA, which was created in 1970 to enforce environmental laws.
“Capping carbon dioxide emissions at a level that will force a nationwide transition away from coal to generate electricity can be a ‘sense solution to the crisis of the day’writes the President of the Supreme Court, John Roberts. But it is implausible that Congress would have given the EPA the power to enact such a regulatory scheme on its own…A decision of such magnitude and with such consequences rests with Congress itself, or to an agency acting under clear delegation. » Judge Elena Kagan replied on behalf of the three dissenting judges that “the Court proclaims itself the decision-maker on climate policy – instead of Congress or the agency with the expertise”, judging the case “frightening”.
After the same Supreme Court revoked the federal abortion law, Mr. Biden denounced “another devastating decision that aims to set our country back” but assured that he “wouldn’t stop using [s]legitimate powers to protect public health and tackle the climate crisis”.
Triple querelle
The quarrel in reality is threefold. Climate, on ways to force the US economy to produce less CO2while it is the second largest emitter of greenhouse gases in the world. “Our planet is on fire and this extremist Supreme Court is destroying the ability of the federal power to fight”, protested the progressive senator Elizabeth Warren (Massachusetts). Politics: the Congress being paralyzed by its divisions, it is supplemented by the presidential power and its agencies, but also by the Supreme Court. But by wanting to return power to Congress, the Court actually returns it to the conservatives, in the absence of a progressive majority on Capitol Hill. “Today, the Supreme Court returns power to the people”welcomed the leader of the Republicans in the Senate, Mitch McConnell (Kentucky).
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