The Supreme Court’s Latest Decision Is a Blow to Stopping Climate Change

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By deciding in favor of fossil-fuel interests and limited regulatory authority, the Court has hampered the EPA’s ability to mitigate power-plant carbon pollution

The Supreme Court’s decision in the case known as West Virginia et al. v. Environmental Protection Agency et al. is a serious blow to the EPA’s ability to fight climate change—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “Danger Season” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climate change.

The petitioners who brought this case include state-level political officials and coal companies who are single-mindedly determined to block climate action and perpetuate fossil fuel dependence to serve their narrow political or business interests. And as I wrote previously, there are strong grounds to argue that this case should never have been taken up by the Supreme Court in the first place because there is no rule on the books to challenge.

The Supreme Court’s decision is out of step with legal precedent because prior court rulings have given deference to agency expertise in interpreting and implementing laws passed by Congress. It is also contrary to what the latest science shows is necessary and does not reflect the full potential to reduce heat-trapping emissions from the power sector using widely available and cost-effective technologies.

 

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Problem with getting scientific advice from lawyers, is that the legal definition of science will be broken and difficult to break free from the legalese. Einstein was not a lawyer and he spent his life explaining what Energy is. 1st amendment is full of opinions not facts.

Money Money Money.

I noticed you have taken down an article written in May concerning fossil vs. renewable. The idea was that the Ukraine situation presents The Greatest opportunity to stop fossil fuels and change US to renewables. What changed your mind? Sri Lanka or inflation?

Congress can fix it but the Republicans want to eliminate the epa

tell china to curb its factories and manufacturing first. we'll follow suit once they prove it works.

By returning authority to lawmakers to enact specific regulatory legislation, the Court has hampered the EPA’s ability to run roughshod over industries it regulates, putting the brakes on a runaway bureaucratic authority state. FIFY

Scary implications concerning the dismantling of the federal administrative state via this ruling.

Oh knock it off! These nonstop legal battles environmentalist keep throwing at the courts are only harming the US citizens. Solar power has been around for decades and it’s STILL not a viable replacement for fossil fuels! Stop trying to end fossil fuels b4 it has a replacement

The Congress has to legislate. Do their actual jobs which they’ve abdicated for over a half century.

Just what the world needs AS POLITICIZED SCIENTIFIC AMERICAN it’s tough enough to get unbiased news to bad SA used to such an upstanding Mag we will miss it

Stick to science, as the law is obviously not your wheelhouse. All that has to happen is Congress has to delegate the authority.

The SCOTUS knows we are fcked regardless with UFOs and wormholes alien life travels back in forth through in addition to the over 500 nuclear explosions detonated in the atmosphere. Pandora is on its way my fellow Earthlings.

they think that they live on a different planet and climate change won't affect them.

No, the Court didn't rule in favor of fossil fuels, they ruled that the EPA doesn't have the regulatory power to do so, Congress does. BTW when are you going to remove the 'Scientific' moniker from your 'title' as it's obvious you're not.

What's that a 50 year old picture of a smokestack.

But SCOTUS has not hampered legislative power to give the EPA the specific authority it desires. Some principles are worth preserving, even in the face of urgency to mitigate human contribution to climate change. An 'administrative state' must be avoided, even at great cost.

SCOTUS stated the EPA didn’t have the authority to give themselves the power, congress had to. Dems have the majority. They should simply take the text of the EPA regs and make it legislation. But they won’t do shit. Again.

It’s a blow to BS! Dirt ball spinning around sun in a galaxy in the universe control freaks. We do less that a volcanic eruption give up already.

As usual......😔

💔

socioambiental FumacaSinal o_eco

So, basically the unelected Supreme Court decides if the elected government is allowed to protect the environment from nazi corporations that have been plundering the planet & have been spewing toxic fumes & waste for the rest of us ro deal with… Is this what’s happening?

Let the planet 🌎 melt! Party 🎉 like it’s 1999 😉

The sooner Armageddon arrives, the sooner Jesus arrives? What about the rest of us?

IF BIDEN DOES NOT TO THE SUPREME COURT, HE HAS TO LEAVE THE PRESIDENCY. DEMOCRACY AND THE POPULAR VOTE ARE THE ONLY WEAPONS WE HAVE TO DEFEAT THE REPUBLICAN FACISTS.

What a dumb statement from a magazine that supposedly supports science. Thank God we have a constitution that protects us from virtue signaling climate alarmists masquerading as deep thinkers. Why have any limitations on unelected officials - give the EPA some guns too…

Ironic that “scientific American” would call carbon “pollution” when no scientist or scientific body had ever declared it as such. Another trash anti-science rag.

The EPA should ignore the supreme court. Issue regs in accordance with authority given by congress. Whoever doesn't like it make them take it back to courts

Very unscientific, and unethical, photo-shopping images to falsely bolster your cause. But then again deception and dishonesty pervades your practices so it's no surprise.

Congress is free to make a law covering this. But, if they do, they can't blame it on faceless bureaucrats, they have to own it.

How about China and Russia?

Whose interests are protected by allowing unelected Humanities and Fine Arts majors in the EPAs bureaucracy decide what are and how to meet the Nation's climate goals.., Just asking because it is the legislatures job in the US not a technocrat.

Good! Regulatory power lies with elected members of Congress, not some faceless, unaccountable bureaucracy.

Besides how do you intend to heat your home or charge your car when the windmills freeze? China doesn't give a shit about GW they're buying up all the fuel from around the world then they concoct the Paris Climate Accords to bully everyone else to freeze.

Then go after China. They have 1200 active coal plants to Americas 250 and they have another 190 under construction. So you're not serious unless you start with them.

The SC decided against unelected bureaucrats in government institutions creating policies and enforcing them as law. Elected representatives in Congress, accountable to the people, make law. Want the EPA regs put back? Call your congressman.

Climate change is a marxist scam. You're welcome...

So, in other words, there is absolutely no point in bothering to pay on / off your student loans bc none of us will have a long enough future for it to actually matter bc the planet will kill us bc of republicans

they decide in favor of constitution and if you don't like that convince enough American to change the constitution and if you can't do that then I'm sorry democracy is happening to you.

I’ll believe your claim that you care about climate change the moment you start pushing for nuclear energy. Otherwise, you’re blowing carbon pollution up our butts.

The Republicans have Stock in Fossil Fuels and won't sell it to Invest in Clean Energy!

Calling yourself Scientific America is really a misnomer. You don't seem to understand science at all. Definitely don't understand the law, Congressional powers powers and regulatory departments

We now have a supremely stupid court that decides to let deadly polluters kill more Americans. The power plant emissions in place save many thousands of American lives per year. Can the justices be charged with intentional premeditated mass murder

the clanging chimes of doom are ringing

How dare SCOTUS tell a federal agency it does not have absolute authority! The next thing they'll tell the government it needs the consent of the governed

no its not. And without China and India on board the whole fictional scheme is pie in the sky anyhow. No thanks. A science based on predictive computer models is not worth the suffering it will cause to people

Exactly why I cut my subscription. You are now a political journal.

I can imagine that the photo is actually taken in China

PhilCygnus One way or another the US will stuff us all!

Good. Go make laws in the legislative branch like it's supposed to be done.

Do the military first. Make the 900bn green. Then I'm sure the private sector will review the impact and take appropriate similar or alternative action depending on results

RealDRothschild Get a clue.

I haven't read it, but I think this means Congress would need to pass a law to regulate carbon emissions? So pass the durn law. Charge a high fee to extract fossil fuels. Share fee proceeds to all. Make it a global policy. It's the most efficient and fair policy.

Yes, let's all still call it dinosaur juice...like it's a real thing...

Yes—that’s the whole point.

Has to be done legally at not at the whim of bureaucrats and unelected scientists

This is a step away from Executive decrees and bureaucratic dictatorship. Returning power to Congress and requiring legislation is a return to democracy.

Instead of making chimney vertical if they do it horizontally under ground fossil fuels not be problem just big stores under ground with water all so2 and other gasses will be emitted by water only co2 will remain and if they make it dry ice and sell it will help

How do you stop something that has never existed? Over in Europe they've gone from carbon being a pollutant now to nitrogen being a pollutant. Further proving the whole thing is a lie. Without nitrogen life would cease to exist.

stop polluting

Wait until the huge anthracite coal reserves are mined and burned in power plants without scrubbers which is what the WV lawsuit was really about, Acid rain, acid rain from a Supreme Court with no brain'' Dead fish dead lakes and streams, Big Corporations rule the USA

Very deceiving to show smoke stacks from Pakistan for an article on American power plants.

This decision is good for the people's individual rights, the EPA has long had too much power over the every day lives of the people with out ever having to answer to them.

JohnMoralesTV It's an especially odd decision for a Court that's acted so overtly on personal interests. They'll be dead by the time climate change is much more a human threat but some of them presumably have children. But fossil fuels are very much the past so guess that fits their thinking.

Did Science and research reporting become too much work for you all?

The business of US is business. F everybody else.

Dodged a bullet there

Good

Our 'supreme' court is anti-country, anti-democracy, anti-people, anti-Earth. I don't envy our new justice stepping in to that situation. Good luck!

I think the EPA overplayed its hand over climate change--and the current economic issues speak to that bad policy approach. The EPA ought to play an advisory role, and its input should only be part of the consideration. Climate change doesn't matter if you can't afford to eat.

1st they tell us that we have no control of our own reproductive rights, then they tell us guns have more rights than women and now they are taking our clean air and killing the planet even more so some billionaire can make billions more.

Hopefully just hopefully businesses will be more responsible than the radical right Supreme Court

The EPA has no business regulating industries. It is an unelected body. It can't be allowed to make laws. That's what the court decided.

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