Senator Bernie Sanders
Today, a divided Supreme Court gave the EPA the ability go forward with regulations that limit the emissions of greenhouse gases from most industrial sources. The ruling, however, would leave sites that emit only greenhouse gases (and not other pollutants regulated under the Clean Air Act) free from restrictions.
Six of the Court’s nine members found this unsatisfying in varying ways, with four wanting to see the EPA’s original plan approved. Two others hoped to see the agency’s ability to regulate carbon emissions pulled entirely.
The roots of this decision date back to 2007, when the Supreme Court ruled in a case now referred to as Massachusetts v. EPA. That decision indicated that the EPA had the right to regulate greenhouse gas emissions under the Clean Air Act. It did not, however, tell the EPA how to craft those regulations, although subsequent decisions suggested the statute provided a degree of flexibility in crafting emissions limits.
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