In arguments Monday, Feb. 28, 2022, justices are taking up an appeal from 19 mostly Republican-led states and coal companies over the Environmental Protection Agency's authority to limit carbon dioxide emissions from power plants. The administration already is dealing with congressional refusal to enact the climate change proposals in President Joe Biden’s Build Better Back plan.
A broad ruling by the court also could weaken regulatory efforts that extend well beyond the environment, including consumer protections, workplace safety and public health. Several conservative justices have criticized what they see as the unchecked power of federal agencies. But David Doniger, a climate change expert with the Natural Resources Defense Council, said the Supreme Court’s consideration of the issue is premature, a view shared by the administration.
But that plan never took effect. Acting in a lawsuit filed by West Virginia and others, the Supreme Court blocked it in 2016 by a 5-4 vote, with conservatives in the majority.