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The Conversation
The Conversation
Environment
Patrick Parenteau, Professor of Law, Vermont Law School

The Supreme Court has curtailed EPA's power to regulate carbon pollution – and sent a warning to other regulators

Smokestacks at the coal-fired Mountaineer power plant in New Haven, West Virginia. Saul Loeb/AFP via Getty Images

In a highly anticipated but not unexpected 6-3 decision, the Supreme Court ruled on June 30, 2022, that the Obama administration’s Clean Power Plan exceeded the U.S. Environmental Protection Agency’s authority under the Clean Air Act.

The ruling doesn’t take away the EPA’s power to regulate carbon emissions from power plants, but it makes federal action harder by requiring the agency to show that Congress has charged it to act – in an area where Congress has consistently failed to act.

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