WASHINGTON (WTRF) — The Supreme Court just overturned Roe v. Wade, but there is another case the court is expected to rule on soon that could have even more far-reaching implications.
That case is West Virginia v. the Environmental Protection Agency. It is a challenge by the state and others over the Clean Power Plan introduced in 2015 during the Obama administration to “fight climate change,” according to Fox News.
This was an attempt to reduce greenhouse emissions from power plants.
Ballotpedia explains that the case asks “whether the U.S. Constitution gives Congress the authority to delegate broad regulatory power to the Environmental Protection Agency (EPA) related to greenhouse gas emissions.”
Ballotpedia asks if through the “Clean Air Act, did Congress constitutionally authorize the Environmental Protection Agency to issue significant rules—including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy—without any limits on what the agency can require so long as it considers cost, non-air impacts, and energy requirements?”
The upcoming ruling “could limit the scope of authority Congress can give to the EPA and other federal agencies,” say reports.
This could mean that some decisions could be sent back to the states and Congress rather than being determined by federal agencies and executive order.
The SCOTUS decision could also affect the Biden administration’s push for green energy if mining states like West Virginia are able to set their own policy on coal-fired power plants.
One Ohio law professor explained the implications of this case:
“This case could be tremendously significant beyond the question of the EPA’s regulation of greenhouse gases because […] the questions presented encompass both the immediate question of what authority the EPA has under Section 7411 of the Clean Air Act, but also the broader question of how prescriptive Congress must be when delegating broad regulatory authority to federal agencies. This gives the Court room to refine and expand the “major questions” doctrine […] as well as to perhaps identify some of the outer limits on delegation more generally.”Jonathan H. Adler, Law Professor at Case Western Reserve University School of Law (in Ballotpedia).
Stay with 7News and WTRF.com for updates to this developing story.