WASHINGTON — Three years after President Joe Biden committed to a “whole-of-government approach” to address the climate crisis with ambitious goals such as transitioning half of all new cars to electric models by 2030, recent Supreme Court decisions have cast uncertainty on this and broader environmental agendas. These rulings, notably from last week, have raised significant challenges to federal agencies like the Environmental Protection Agency (EBA), potentially shaping environmental and climate regulations for the foreseeable future.
In a series of impactful decisions, the Supreme Court has imposed major roadblocks on the government’s capability to regulate environmental concerns, including air and water pollution and greenhouse gas emissions. Last week alone, the court halted the EPA’s plans to reduce air pollution crossing state lines and significantly scaled back federal regulatory powers under the so-called Chevron doctrine. This shift could give lower courts across the nation, often filled with conservative appointees, more latitude to overturn environmental regulations.
Experts have voiced concerns about the profound influence these decisions could have on the judicial landscape. Sam Sankar from the environmental law organization Earthjustice noted, “Before, conservative judges had a knife. Now, they have a chainsaw.”
Historically, the Chevron doctrine has allowed federal agencies a certain degree of interpretation in managing American industries and environmental safeguards. However, the Supreme Court’s recent move to overturn Chevron could signal a new era where regulatory powers are notably diminished, inviting legal challenges against environmental protections that are already in place.
The implications were quickly felt. Following the court’s ruling, a series of 2022 and 2023 decisions already began undermining the EPA’s guardrails against greenhouse gases and wetlands protection from agricultural runoff. Collectively, these rulings represent a successful strategy by industry groups and conservative coalitions aimed at dismantling what they consider an overreaching administrative state, with the EPA as a central target.
Legal professionals and former officials have pointed out the immediate ramifications of these decisions on Biden’s environmental policies. Matthew Z. Leopold, former EPA general counsel under the Trump administration and now an attorney at Hunton Andrews Kurth LLP, remarked, “This will likely restrict the administration’s climate initiatives significantly.”
The larger context of global climate change adds urgency to these developments. Recent data shows unprecedented heatwaves hitting several continents, with record-breaking temperatures impacting millions and escalating the death toll. These environmental challenges underscore the pressing need for effective and enforceable climate action policies.
The judicial appointments during the Trump administration, which significantly tilted the ideological balance of the courts, have facilitated these challenging regulatory environments for environmental policies. With over 220 federal judges appointed, including three Supreme Court justices known for their skepticism towards environmental regulatory powers, the pathway for robust environmental regulation faces stiff resistance.
Moreover, upcoming cases in the Supreme Court’s next term, including one that might restrict the application of the National Environmental Policy Act, indicate that environmental rulings will remain a contentious issue. This act, essential for assessing the environmental impacts of large-scale infrastructure projects, could see its scope significantly reduced.
The Biden administration remains committed to its environmental agenda, leveraging laws like the 2022 Inflation Reduction Act, which enhances the EPA’s authority to manage emissions effectively. However, with the judiciary’s recent decisions, the battle to maintain and expand environmental protections will likely entail continued legal challenges and a need for clear legislative backing from Congress.
As the political and environmental landscapes continue to evolve, the intersection of law, policy, and science will be crucial in shaping U.S. responses to the pressing global climate crisis.