Supreme Court justices wrestle with EPA power to curb carbon emissions

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The Supreme Court wrestles with the Environmental Protection Agency’s authority to curb greenhouse gas emissions from the nation’s power plants.

WASHINGTON — The Supreme Court wrestled Monday with the Environmental Protection Agency’s authority to curb greenhouse gas emissions from the nation’s power plants, a case that could hamstring the Biden administration’s plans to combat climate change.

At the high court, the justices took up an appeal from 19 mostly Republican-led states and coal companies that contend the EPA has only narrow authority to regulate carbon output. But the court did not appear interested in Prelogar’s argument that it should dismiss the case because there is no current EPA plan in place to deal with carbon output from power plants.

West Virginia Attorney General Patrick Morrisey, speaking at a recent event in Washington, cast the power plant case as about who should make the rules. “Should it be unelected bureaucrats, or should it be the people’s representatives in Congress?” Morrisey said. West Virginia is leading the states opposed to broad EPA authority.

 

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