CCL on the SCOTUS Decision on WV vs EPA

Statement on Supreme Court WV v. EPA decision

June 30, 2022 – This morning, the Supreme Court ruled in the West Virginia v. EPA case, in a 6-3 decision that curtails the EPA’s authority to regulate greenhouse gas emissions causing climate change. 

Reducing greenhouse gas emissions like carbon dioxide is critical to avoiding the worst impacts of climate change. The dissenting opinion by Justice Kagan notes that some of those impacts include “increases in heat-related deaths,” “coastal inundation and erosion,” “more frequent and intense hurricanes, floods, and other extreme weather events,” “drought,” “destruction of ecosystems,” and “potentially significant disruptions of food production.” By limiting the EPA’s authority in this way, the Court has cut off one major pathway for the federal government to address the root cause of those threats. 

But of course, reducing emissions through existing EPA regulations is not the only way to do so. Effective legislation passed through Congress could cut emissions. Indeed, the majority opinion by Chief Justice Roberts states, “We presume that ‘Congress intends to make major policy decisions itself, not leave those decisions to agencies.’”

In light of today’s unfortunate ruling from the Supreme Court, it is more important than ever for Congress to make those decisions. Congress should pass durable legislation that will reduce carbon emissions as quickly and efficiently as possible. Passing a budget reconciliation package with major climate policy included is an obvious next step to take.

Public opinion is on the side of climate action. According to the Pew Research Center, two-thirds of Americans believe the government should do more to combat climate change. Bipartisan majorities want to see taxes on corporations based on their carbon emissions, increased tree planting, tougher fuel efficiency standards for cars, and more. 

Though the Supreme Court doesn’t have to answer to voters, our lawmakers do. We urge members of Congress to respond to the will of the people and to today’s decision by redoubling their efforts to pass climate legislation.

CONTACT: Flannery Winchester, CCL Senior Director of Communications, 615-337-3642, flannery@citizensclimate.org