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  • Climate Activists Poised To Shift Focus To States, Businesses After EPA Ruling

    Dueling sentiments defined the day for climate activists, investors and lawyers as they reacted to the Supreme Court’s decision in West Virginia v. EPA. “EPA still has tools to work with. EPA is still going to do the work of regulating greenhouse gas emissions from power plants,” said Jack Lienke. “It’s frustrating ... but the game isn’t over.” 

  • What’s Left in Biden’s Climate Toolbox?

    "The EPA still has a number of pathways to do its job to protect public health and the environment," said Dena Adler, a research scholar at New York University School of Law, noting that "Congress wrote the Clean Air Act to broadly protect public health."

  • What Does the New US Supreme Court Ruling Mean for Carbon Emissions?

    On 30 June, the US Supreme Court issued a ruling that could set back efforts to reduce greenhouse gas emissions and limit the ability of the Environmental Protection Agency (EPA) to regulate other environmental issues. It could be a “canary in the coal mine” for how this court will interpret agencies’ authority to use their expertise, says Dena Adler at New York University School of Law.

  • How the Supreme Court Ruling Will Gut the EPA’s Ability to Fight the Climate Crisis

    "The one thing EPA won't be able to do [to limit greenhouse gases] is what the Clean Power Plan did," Richard Revesz, an environmental law expert at NYU School of Law told CNN. Revesz said the EPA will now have to consider what action it can take within the confines of the ruling, and noted that this case does not limit EPA's authority to regulate other sectors of the economy like transportation or industrial emissions.

  • US Supreme Court Curtails Federal Authority to Limit Power Plant GHGs Through Fuel Switching

    The US Supreme Court rejected the US Environmental Protection Agency (EPA)'s authority to curb power plant GHG emissions by switching fuels to renewable sources of power or lower-emitting natural gas. 

    New York University School of Law Professor and Dean Emeritus Richard Revesz expressed relief that the court allowed EPA to retain its authority to regulate GHG emissions although the decision is a "significant setback" for environmental protection and public health safeguards. "No party in this case challenged that authority, which is granted by the Clean Air Act. This case challenged only the form of the regulation. The EPA still has avenues to address power sector greenhouse gas emissions, which it must do to meet its statutory obligations to regulate air pollutants that adversely affect public health and welfare," he added in a statement issued by the NYU School of Law's Institute for Policy Integrity. Revesz filed a friend-of-the court brief in support of EPA's stance in the case.

  • Supreme Court Hamstrings Federal Efforts to Clean Up US Power Sector

    The Supreme Court has sharply limited the Environmental Protection Agency’s authority to mandate greenhouse gas emissions reductions from the country’s power generation sector. The move could curb future actions from the Biden administration to combat a core driver of climate change. "At the same time, Thursday’s decision could open the door for polluting industries to mount much broader attacks challenging how federal agencies interpret laws designed to protect the public from the harms those industries cause", said Max Sarinsky, a senior attorney at the Institute for Policy Integrity at the New York University School of Law. 

  • Supreme Court Curbs EPA’s Authority to Fight Climate Change

    The decision complicates efforts to fight climate change by preventing wide-ranging actions under the Clean Air Act. “But the EPA retains the authority to regulate greenhouse gas emissions, including from power plants," said Richard Revesz. "No party in this case challenged that authority, which is granted by the Clean Air Act. This case challenged only the form of the regulation. The EPA still has avenues to address power sector greenhouse gas emissions, which it must do to meet its statutory obligations to regulate air pollutants that adversely affect public health and welfare.”

  • Conservative Justices Limit the EPA’s Power to Regulate Greenhouse Gas Emissions

    KALW Radio will discuss the Supreme Court’s ruling on EPA’s power to force power plants to cut down their carbon pollution: how will this ruling impact President Biden’s climate agenda, including plans to decarbonize the energy grid by 2035? Jack Lienke, regulatory policy director of the Institute for Policy Integrity, will be a speaker.

  • Climate Denialism and a Transparent About-Face on Presidential Power

    Over the past two weeks, plaintiffs and their amici have filed merits briefs in the social cost of greenhouse gases litigation in the Fifth Circuit. These briefs leave much to unpack — and much to be desired. The lawsuit, filed by Louisiana attorney general Jeff Landry and nine other Republican state attorneys general, seeks to shut down the Interagency Working Group on the Social Cost of Greenhouse Gases and prohibit government agencies from using the best available science to weigh the economic costs of climate change.

  • ‘My Anxiety Spikes’: Lawyers Brace for Supreme Court Climate Ruling

    “Everyone around this office has been anxiously hunched over their computer at 10 a.m. hitting refresh over and over again at the 10-minute mark to see what our fate will be,” said Jack Lienke. “I don't quite understand why it's done this way, in which the opinions are released every 10 minutes,” he added. “It creates a lot of suspense.” Environmental lawyers and climate activists across the country have been bracing for the Supreme Court's ruling in West Virginia v. EPA.