. Earth Science News .
CLIMATE SCIENCE
US Supreme Court hears climate case as UN issues stark warning
By Chris Lefkow
Washington (AFP) March 1, 2022

A divided US Supreme Court heard arguments on Monday in an environmental regulation case with potentially far-reaching implications for the Biden administration's fight against climate change.

The high-stakes case concerns the authority of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from coal-fired power plants, which produce nearly 20 percent of the electricity in the United States.

As the Supreme Court was hearing arguments, the United Nations issued a landmark report containing dire warnings over climate change.

While the three liberal justices on the nine-member Supreme Court appeared largely to support arguments that the EPA was operating within its brief, several of the conservative justices appeared skeptical.

"This agency is doing greenhouse gas regulation," said Justice Sonia Sotomayor, one of the liberal members of the court. "This is in, you know, exactly in its wheelhouse."

Jacob Roth, arguing for The North America Coal Corp., said the EPA is going beyond its remit.

"The agency is asking questions like: Should we phase out the coal industry? Should we build more solar farms in this country? Should we restrict how consumers use electricity in order to bring down emissions?

"Those are not the types of questions we expect the agency to be answering," Roth said.

In 2007, the Supreme Court, by a narrow majority, ruled that the EPA has the power to regulate carbon dioxide emissions from power plants under the Clean Air Act of 1970.

In 2015, Democratic president Barack Obama unveiled his Clean Power Plan, which was intended to combat global warming by reducing carbon dioxide emissions from coal- and gas-burning plants and shifting energy production to clean sources such as solar and wind power.

The Clean Power Plan was blocked in the Supreme Court in 2016 and repealed by former Republican president Donald Trump, who replaced it with his own industry-friendly Affordable Clean Energy (ACE) rule.

Trump, a climate change skeptic hostile to government regulation of industry, also nominated three justices to the Supreme Court, giving conservatives a 6-3 majority.

- 'Constrain EPA authority' -

The US Court of Appeals for the District of Columbia threw out Trump's ACE rule on the last day of his presidency, setting the stage for the case currently before the Supreme Court: West Virginia vs EPA.

West Virginia and several other coal-producing states asked the Supreme Court to intervene and define the powers of the EPA. The case has also been embraced by opponents of strong government regulatory authority.

Solicitor General Elizabeth Prelogar, arguing before the court for the administration of President Joe Biden, said the justices should just wait until the EPA publishes its new rules, expected before the end of the year.

"The DC Circuit's judgment leaves no EPA rule in effect," Prelogar said. "No federal regulation will occur until EPA completes its upcoming rulemaking.

"Petitioners aren't harmed by the status quo," she said. "Instead, what they seek from this court is a decision to constrain EPA authority in the upcoming rulemaking."

In its brief to the court, West Virginia accused the EPA of acting like "the country's central energy planning authority."

Justice Samuel Alito, one of the more conservative members of the court, questioned how far the EPA could go in regulating emissions.

"Is there any reason EPA couldn't force the adoption of a system for single family homes that is similar to what it has done, what it is claiming it can do, with respect to existing power plants?" Alito asked.

Prelogar, the solicitor general, replied that the EPA "has never listed homes as a source category and couldn't do so because they are far too diverse and differentiated."

Robert Percival, director of the Environmental Law Program at the University of Maryland, said the conservative majority on the court "seems determined to put a stake in the heart of a regulation that has been dead for years in order to rein in EPA in the future."

UN experts, in the report issued Monday on the global impacts of climate change, said humanity is perilously close to missing its chance to secure a "liveable" future.

"The cumulative scientific evidence is unequivocal: Climate change is a threat to human wellbeing and planetary health," the Intergovernmental Panel on Climate Change (IPCC) said.

Any further delay in global action to cut carbon pollution "will miss a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all," the 195-nation IPCC warned.

Before the Supreme Court hearing, Harvard University environmental law professor Richard Lazarus said there was "good reason for concern" the conservative-leaning court would argue that Congress does not have the power to delegate its regulatory powers to the agency.

Given the stalemate in Congress, he said "such a ruling would seriously threaten the national government's ability to address some of the nation's most pressing problems."

The Supreme Court is expected to issue its decision in West Virginia vs EPA before June.


Related Links
Climate Science News - Modeling, Mitigation Adaptation


Thanks for being here;
We need your help. The SpaceDaily news network continues to grow but revenues have never been harder to maintain.

With the rise of Ad Blockers, and Facebook - our traditional revenue sources via quality network advertising continues to decline. And unlike so many other news sites, we don't have a paywall - with those annoying usernames and passwords.

Our news coverage takes time and effort to publish 365 days a year.

If you find our news sites informative and useful then please consider becoming a regular supporter or for now make a one off contribution.
SpaceDaily Contributor
$5 Billed Once


credit card or paypal
SpaceDaily Monthly Supporter
$5 Billed Monthly


paypal only


CLIMATE SCIENCE
Climate migrants could face a world of closing doors
Paris (AFP) Feb 28, 2022
People driven from their homes as global warming redraws the map of habitable zones are unlikely to find refuge in countries more focused on slamming shut their borders than planning for a climate-addled future, according to a top expert on migration. From fleeing a typhoon to relocating in anticipation of sea level rise, climate migration covers a myriad of situations and raises a host of questions. But one thing is sure: the number of climate refugees is going to increase in the coming decad ... read more

Comment using your Disqus, Facebook, Google or Twitter login.



Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle

CLIMATE SCIENCE
Russian forces attack Ukrainian nuclear plant, blaze extinguished

China envoy to Ukraine postpones evacuation of citizens

G7 meeting to focus on Ukraine aid: World Bank

Romania becomes refuge for Ukrainians on NATO's frontline

CLIMATE SCIENCE
Amazon opens Luna video game streaming to anyone in US

Shares in Russia's top aluminium producer plunge

A new, inexpensive catalyst speeds the production of oxygen from water

PPM partners with Aston Uni to develop game-changing satcom technology

CLIMATE SCIENCE
China's high-quality natural streamflow gauge-based dataset (1961-2018)

Russia says captured key water supply route to Crimea

Satellite laser altimetry helps monitor changes in global lake water storage

Global warming is rapidly amplifying our water cycle

CLIMATE SCIENCE
New state-of-the-art technology collects a unique time series from methane seeps in the Arctic

NASA is Helping Fly Drones in the Arctic

Lessons on climate grief from the people of the sea ice

Melting glaciers, fast-disappering gauge of climate change

CLIMATE SCIENCE
Bolsonaro proposes Amazon mining over fertilizer shortages

Agriculture: Global cropland could be almost halved

A life-changing fertilizer for rural farmers in Kenya

Deforestation slows in cocoa king Ivory Coast

CLIMATE SCIENCE
Australia orders 200,000 to flee floods, city of Sydney spared

12,000 displaced by floods in Malaysia

Rooftop rescues in Australia as tens of thousands evacuated from floods

Australian 'rain bomb' floods claim sixth life

CLIMATE SCIENCE
China puts 'aggressive' terms on Uganda airport loan: researchers

Mothers and fathers protest to support Sudan's anti-coup youth

Guinea-Bissau president sacks navy chief, army general

W.African envoy leaves Mali after inconclusive democracy talks

CLIMATE SCIENCE
Shelter for traumatised apes in DR Congo's strife-torn east

Orangutans instinctively use hammers to strike and sharp stones to cut

Watch a chimpanzee mother apply an insect to a wound on her son

First evidence of long-term directionality in the origination of human mutation









The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.