Implications for climate policy

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Earth and Habitat (Commonwealth Union) _ The United States Supreme Court has the authority to shape the nation’s environmental policies profoundly. In the face of escalating climate change and environmental degradation, there is a pressing need for the Court to adopt a proactive stance in reinforcing and expanding environmental laws. By championing legal reforms and upholding stringent environmental regulations, the Supreme Court can significantly mitigate climate change impacts and protect natural resources. These changes are crucial for safeguarding public health, ensuring sustainable development, and preserving biodiversity. A decisive shift in legal interpretations towards stronger environmental protections can steer the U.S. towards a greener, more resilient future.

The US Supreme Court has overturned the Chevron doctrine, a principle that granted federal agencies deference in interpreting ambiguous laws, shifting this power to the courts. Chief Justice John Roberts, writing for the majority in a 6-3 decision, argued that agencies lack the expertise to resolve statutory ambiguities. This decision fulfils a conservative objective of reducing federal regulatory power, heavily impacting climate policy. Lawsuits against the EPA, primarily from Republican-led states and fossil fuel industries, may now gain traction, challenging regulations on greenhouse gas emissions and climate change initiatives.

David Doniger from the Natural Resources Defense Council warns that this ruling could hinder agencies from addressing new environmental challenges like climate change using older laws. Despite this, the Inflation Reduction Act of 2022 strengthens the EPA’s authority to regulate greenhouse gases by explicitly defining them as pollutants under the Clean Air Act. This specific legal language aims to protect the EPA’s regulatory capabilities post-Chevron.

Legal experts and Democrats anticipated the end of Chevron and bolstered the EPA’s powers through recent legislation. However, climate regulations remain vulnerable to legal attacks in this new judicial landscape. The ruling also jeopardizes the US Securities and Exchange Commission’s climate-related disclosure rule.

The broader implications of this decision include a potential weakening of federal governance, allowing industries more freedom from regulatory constraints. As President Biden’s climate policies face new legal challenges, the ruling could significantly alter the regulatory framework addressing climate change and environmental protection in the US.

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