Today the United States Supreme Court issued a decision in West Virginia v EPA that will prevent the EPA from taking bold action to reduce the massive greenhouse gas emissions created by coal-fired power plants. SCOTUS decided that the power of the EPA to regulate greenhouse gasses in this way needs to be explicitly given by Congress or it is not valid.

This decision overturns precedent that has been in place since 1935. It is the wrong direction for the fight against climate change. Firstly, it hobbles the U.S.’s ability to meet the greenhouse gas reductions it has promised under the Paris Agreement. Secondly, this decision could pave the way for courts to deny other important agency regulations that protect public health. Any agency regulation that is declared a ‘major question’ could be invalidated. In the worst case scenario, this decision opens the way for the court in future to declare that no regulations are valid, and Congress cannot delegate any power whatsoever to agencies.

Congress created the EPA and delegated authority to them to protect public health and the environment because Congress does not have the expertise to do this, nor the staffing. We must protect the ability of agencies to regulate to protect the public. Coloradans must let their US elected officials know that we need them to take drastic action to protect the EPA’s and other agencies’ ability to regulate to protect us and meet our climate goals.

President Biden and Governor Polis must take strong executive action: declare a climate emergency now to begin a phase out of fossil fuel production and consumption, a rapid buildout of renewables, and a just transition to a clean economy. State and local government action to reduce emissions by enacting major initiatives is now more important than ever. We must redouble our efforts at the state and local levels. 

Media Statement shared from 350CO about West Virginia v EPA: 

The EPA and other agencies must not be hobbled from their ability to regulate to protect public health and fight climate change. Today’s West Virginia v EPA decision by the Supreme Court overturns a precedent in place for 80 years that gives Congress the ability to broadly delegate regulating authority to agencies. Colorado must redouble its efforts to address the climate crisis at the state and local levels and must let federal elected officials know we expect them to fight to protect agencies’ rights to regulate in order to protect public health and fight climate change. Immediate executive action is called for from both Governor Jared Polis and President Joe Biden to declare a climate emergency now, begin a phase out of fossil fuel production and consumption and a rapid buildout of renewables, and enable a just transition to a clean energy future.