ELR Citation: 52 ELR 20077
No(s). 20-1530 (U.S. Jun 30, 2022)

The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan, later repealed, which would have required some existing power plants to reduce electricity production or switch to or purchase production from cleaner sources if it had gone into effect. The D.C. Circuit had held that the Trump EPA's repeal of the plan mistakenly read §111(d) to not encompass generation shifting as a "system of emission reduction," that the "major questions doctrine" did not apply, and that there was no need to scrutinize the statute for a clear statement of congressional intent to delegate such power. The Supreme Court applied the major questions doctrine, and found that Congress had not clearly granted EPA authority in §111(d) to devise emissions caps based on a generation shifting approach. While the plan might be a "sensible 'solution to the crisis of the day,'" the Court concluded Congress had not "intended to delegate a decision of such economic and political significance" to EPA. It reversed and remanded. Roberts, C.J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Alito, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.