Supreme Court EPA decision upends legislative priorities for Democrats

Published July 8, 2022 3:00am ET



The Supreme Court dealt a blow to the executive branch’s ability to regulate carbon emissions, effectively insisting that Congress take back its jurisdiction over environmental regulations and muddying the legislative waters in the last crucial weeks of the summer session.

The court’s 6-3 decision in West Virginia v. Environmental Protection Agency on June 30 set back President Joe Biden’s climate agenda by curtailing the EPA’s power over the energy sector’s greenhouse gas emissions, meaning Congress will likely have to pass these regulations. The Biden administration and Democratic lawmakers are desperate to pass some form of climate infrastructure bill as time runs out to tout Democratic-led accomplishments before the midterm elections.

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