Statement: Supreme Court hamstrings EPA’s ability to tackle climate change

Media Contacts
Emily Scarr

State Director, Maryland PIRG; Director, Stop Toxic PFAS Campaign, PIRG

BALTIMORE – The Supreme Court of the United States announced its decision on the West Virginia v. Environmental Protection Agency (EPA) case Thursday, severely limiting the EPA’s authority to regulate climate pollution from power plants. Despite the fact that the Biden administration has yet to propose rules regulating greenhouse gas emissions from power plants, the Court issued a decision that severely limits the EPA’s authority to regulate carbon from power plants, holding that unless expressly delegated, that authority belongs to Congress. 

Environment Maryland Research & Policy Center and Maryland PIRG Foundation recently released a factsheet listing the 100 American power plants that spew the most climate change-causing pollution into the air. The total emissions of Maryland’s top 10 power plants are 9.6 million metric tons, which is equivalent to 2 million cars on the road for a year. Electricity production is the second-largest source of greenhouse gas emissions in the United States. 

In the dissenting opinion, Justice Elena Kagan wrote, “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.’”

In response, Environment Maryland’s Destination Zero Carbon Campaign Director, Morgan Folger issued the following statement:

“The Supreme Court just made the monumental task of cleaning up our air and reducing climate-warming pollution much, much harder. Marylanders count on the EPA to protect our air and environment. Now that the Court has put a stable climate even further from reach, lawmakers in Maryland must seek out other ways to reduce emissions and secure a clean and healthy future.”

Maryland PIRG Director Emily Scarr said: 

“This decision limiting the EPA’s authority undermines the nation’s commitment to reduce pollution, promote healthy air, and address climate change. Like any powerful law, the Clean Air Act requires enforcement. Without that, the federal government is left with just blind hope that polluters will do what they’re supposed to. Congress should immediately amend the Clean Air Act to give the EPA full authority to do what needs to be done to address climate change. Additionally, there remain plenty of other ways to win cleaner air and a healthier climate. Now is no time for mourning — it’s time to refocus on other strategies and venues, including our state legislature and corporate campaigns. And it’s time to end our reliance on fossil fuels.”