AUSTIN – In today’s decision in Utility Regulatory Group v. EPA, the United States Supreme Court issued a stern rebuke to the Environmental Protection Agency. According to the Court, EPA’s actions, if left unchecked, would have dealt “a severe blow to the Constitution’s separation of powers,” and “would bring about an enormous and transformative expansion in EPA’s regulatory authority without clear congressional authorization.”
“Today the U.S. Supreme Court took a first step in rolling back the Environmental Protection Agency’s plans to use the threat of climate change as a basis for an unprecedented regulatory power grab,” said Kathleen Hartnett White, Distinguished Senior Fellow and Director of the Armstrong Center for Energy and the Environment at the Texas Public Policy Foundation. “But the decision still leaves EPA with the authority to impose severe burdens on major industry in Texas and the nation. Further action is necessary to prevent EPA from becoming the master of U.S. energy and hence the economy. Congress must reaffirm what should have always been obvious, that regulating CO2 as a pollutant under the Clean Air Act will necessarily lead to absurd results.”
Kathleen Hartnett White is a Distinguished Senior Fellow and the Director for the Armstrong Center for Energy & the Environment. Former Chairman for the Texas Commission on Environmental Quality (2001-2007).