Justices wrestle with EPA power to curb carbon emissions

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The Supreme Court is set to hear a case its conservative majority could use to hobble Biden administration efforts to combat climate change.

FILE - The Supreme Court is seen at dusk in Washington on Oct. 22, 2021. The Supreme Court is hearing a case its conservative majority could use to hobble Biden administration efforts to combat climate change. In arguments Monday, Feb. 28, 2022, justices are taking up an appeal from 19 mostly Republican-led states and coal companies over the Environmental Protection Agency's authority to limit carbon dioxide emissions from power plants.

Some conservative justices appeared skeptical of broad EPA authority over carbon dioxide emissions, but there could be obstacles to issuing a major ruling. Among these are arguments from power plant operators serving 40 million people that call on the court to maintain the companies' flexibility to reduce emissions while maintaining reliable service.

Environmental groups have worried that the court could preemptively undermine whatever plan Biden's team develops to address power plant emissions. But David Doniger, a climate change expert with the Natural Resources Defense Council, said the Supreme Court's consideration of the issue is premature, a view shared by the administration.

 

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