Supreme Court Deals Biden Climate Agenda Serious Blow With EPA Decision

The ruling, which was reached by a vote of 6-3, restricts the extent to which the executive branch can unilaterally impose new environmental restrictions. 

The D.C. Circuit Court of Appeals overturned the ACE Rule and the Clean Power Plan as a result of litigation that began after President Biden entered office. 

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Biden's EPA has said it won't revive the Clean Power Plan and instead would create and implement its own alternative. 

To a similar extent, West Virginia and other states argued that the EPA lacks authority under Section 111 to impose regulations that would fundamentally alter the structure of the United States' electrical systems or require industry to eliminate carbon emissions entirely. 

To answer this question, we look to Section 111 of the Clean Air Act, which gives the EPA the authority to establish "standards of performance" 

In this case, the Biden EPA said, there was no issue of "major significance" and hence the main questions theory did not apply. 

Elizabeth Prelogar, the Solicitor General, argued during oral arguments that there is no substantial dispute because no such rule exists.