. The case involved a challenge by several states and coal companies against the EPA over its ability to regulate power plant emissions by “generation shifting” – that is, requiring plants to actually change the method of how they produce power, such as moving from coal to natural gas or solar. The Supreme Court opted to decide on the matter, despite the fact that the EPA hadn’t actually produced any rules yet.
In a 6-3 ruling, the Court held that the EPA’s power to regulate emissions under the Clean Air Act were not so expansive as to include generation shifting, finding that the agency would need explicit authorization from Congress in order to hold that power.
In a dissenting opinion joined by Justices Breyer and Sotomayor, Elena Kagan wrote that the Court’s opinion amounted to legislation, arguing that Congress had delegated the power to curb air pollution–including carbon emissions–to the EPA, and that it would be the proper purview of Congress to limit the agency’s authority if it disagreed with its policies. “[T]he Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions,” Kagan wrote.
As a devastating and historic drought from Illinois to Texas to California grinds on, sophisticated mapping and data projection bring more bad news: Agricultural areas are among the places in the U.S. experiencing the highest temperature increases. Most affected are almonds, olive oil and other specialty produce from California’s Central Valley, as well as citrus, grape and salad farms elsewhere in the state.
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