The EPA’s loss is a win for democracy
Thursday’s decision by the Supreme Court that the Clean Air Act does not give the Environmental Protection Agency (EPA) authority to proceed with President Obama’s Clean Power Plan is much more significant than the narrow grounds on which it was decided. The Clean Power Plan was already dead. It had been repealed and replaced by the Trump administration, decisions that were later struck down by a court of appeals. Moreover, there is history between the EPA and the Supreme Court. In 2014, the Court ruled against the EPA’s rewriting of the Clean Air Act to facilitate its use as a tool of climate policy, which was already seen as “poor and probably unworkable” by officials in the Obama administration.
