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Supreme Court restricts the EPA's authority to mandate carbon emissions

The U.S. Supreme Court curbed the EPA's ability to fight climate change. [Al Drago / Getty Images]
The U.S. Supreme Court curbed the EPA's ability to fight climate change.

Updated June 30, 2022 at 10:13 AM ET

The U.S. Supreme Court, in a 6-3 decision, ruled that the Environmental Protection Agency does not have the authority to mandate carbon emissions from existing power plants.

The court's three liberals dissented.

In his opinion, Chief Justice John Roberts wrote: In "certain extraordinary cases, both separation of powers principles and a practical understanding of legislative intent make us 'reluctant to read into ambiguous statutory text' the delegation claimed to be lurking there. Utility Air, 573 U. S., at 324. To convince us otherwise, something more than a merely plausible textual basis for the agency action is necessary. The agency instead must point to 'clear congressional authorization' for the power it claims."

Justice Elena Kagan wrote in her dissent: "Today, the court strips the EPA of the power Congress gave it to respond to the most pressing environmental challenge of our time. ... It deprives EPA of the power needed — and the power granted — to curb the emission of greenhouse gases."

She was joined by the court's other two liberals.

This story will be updated.

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