Supreme Court case could severely limit the unchecked power and sway of federal bureaucracies, starting with the EPA

The Supreme Court heard arguments in a case Monday that could potentially rein in the broad authority currently enjoyed by the Environmental Protection Agency — and several other federal bureaucracies, as well.

West Virginia v. EPA specifically wrestles with the scope of the environmental agency’s authority to regulate air pollution by mandating sweeping greenhouse gas emissions benchmarks for the country’s power plant industry.

Since 2009, various presidential administrations have sought to curb carbon dioxide emissions from the country’s power plants by delegating overarching regulatory power to the EPA. In turn, unelected officials at the EPA set varying emissions limits on each state in an effort to slow global warming, in the process, raising the specter of incurring massive costs on the country’s power suppliers.

Interestingly, at the time that this case was heard, no EPA rule was in place. That fact has alarmed environmental advocates who fear the conservative majority Supreme Court will preemptively undermine the Biden administration’s attempts to limit power plant emissions. President Biden has pledged to cut greenhouse gas emissions by 50% over the next decade.

In their petition before the high court, coal industry representatives and attorneys general from 19 predominantly Republican states argue that the EPA is operating outside the bounds of its authority when it implements sweeping emissions limits. – READ MORE