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U.S. Supreme Court,
Environmental & Energy

Jul. 1, 2022

‘Seismic opinion’ against EPA curbs administrative power

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” Chief Justice John G. Roberts Jr. wrote for the majority.

In a restraint on the power of executive branch administrative agencies, the U.S. Supreme Court ruled Thursday that the Environmental Protection Agency cannot act to reduce the carbon footprint of existing power plants under the 1970 Clean Air Act.

Chief Justice John G. Roberts Jr., an appointee of President George W. Bush, cited a court-created “major questions doctrine” to write the majority opinion against the EPA.

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