In West Virginia v. EPA, the Supreme Court’s right wing supermajority decided Congress had never given the Environmental Protection Agency the explicit authority to transition the U.S. off fossil fuels, and then invoked its new “major questions” doctrine to rule EPA lacked authority under Section 111(d) of the Clean Air Act to reduce power plant emissions. It has that authority now. The Inflation Reduction Act — the New York Times reports, citing legal experts and Democrats who helped write the law — explicitly grants EPA the authority to regulate greenhouse gas pollution, as well as to encourage the transition to clean energy sources including wind and solar energy. Republicans, including Texas Republican Ted Cruz, agreed the language speaks directly to the Supreme Court’s decision. “The Democrats are trying to overturn the Supreme Court’s [ruling on] West Virginia v. EPA,” he told Fox News Business before the Senate Vote. (New York Times $)
