Thursday, June 30, 2022, the Supreme Court ruled that the Environmental Protection Agency exceeded its legal authority to regulate power plants. The Court ruled 6-3 against the power grab and said it exceeded the agency’s authority under the Clean Air Act. Chief Justice Roberts wrote the opinion, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. Justice Kagan dissented, joined by Justices Breyer (on his final day as a Justice) and Sotomayor. Justice Gorsuch wrote a concurrence, joined by Alito.
The opinion read, in part:
But the only question before the Court is more narrow: whether the ‘best system of emission reduction’ identified by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act. For the reasons given, the answer is no.
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