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Climate Law Gives Clean Air Act a Legal Boost After Court Rebuke
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Contributor | RP |
Last Edited | RP Aug 23, 2022 09:47am |
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Category | Analysis |
Author | Jennifer Hijazi |
News Date | Monday, August 22, 2022 09:35:00 PM UTC0:0 |
Description | The Inflation Reduction Act will bolster the EPA’s defenses against future legal challenges, advocates say, reinforcing the agency’s authority to regulate greenhouse gases under the Clean Air Act following a setback from the Supreme Court this summer.
That kind of legal boost is useful after June’s ruling in West Virginia v. EPA, the Supreme Court climate battle that curtailed the agency’s ability to broadly regulate power plant carbon emissions.
Justices based their ruling on the major questions doctrine, which requires that Congress must explicitly grant agencies authority to act on far-reaching economic and political issues. By opening up the Clean Air Act and reinforcing that legislative language, the climate law helps insulate the agency from similar legal battles in the future.
The law reaffirms the agency’s mandate to regulate greenhouse gases in an added section 135 of the Clean Air Act, which carves out $87 million “to ensure that reductions in greenhouse gas emissions are achieved through use of existing authorities.” |
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