U.S. Supreme Court decision may slow transition to cleaner energy

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New ruling imposes constraints on what the Environmental Protection Agency can do without exceeding its legal authority

The nation has been gradually transitioning away from coal to cleaner sources of electricity such as natural gas, solar energy and wind, often because they are less expensive. Most experts don’t think the Supreme Court decision in West Virginia vs. EPA will immediately reverse that trajectory.

“Without the threat of EPA or federal regulation of climate, without a recognition that carbon pollution is really, truly harmful, it becomes harder to make that argument,” Constantine said. “It makes it less likely that the risk or the cost of carbon will be directly felt by the utilities, or by other agencies who have control over how much solar we can deploy. And that loss of regulatory risk means they might be less likely to choose solar.

Thursday’s ruling means the EPA cannot force states to shift away from coal to cleaner sources such as natural gas or renewables and compel coal plants shut down. One option that’s now off the table as a result of the ruling is for the EPA to create a nationwide cap-and-trade system, said Richard Revesz, law professor at New York University. Under that system, a limit is set on how much carbon dioxide can be emitted, and companies can trade with each other to reach those goals.

And while the Clean Power Plan never took effect, the nation has been pivoting from coal to cleaner sources such as renewables anyway, often for economic reasons. Many states and large companies have commitments to use clean energy in the near future.

 

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