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Supreme Court Limits EPA Authority to Regulate Power Plant Emissions

by Devin Hartman
June 30, 2022
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issues: Energy and Environment, Environmental Regulation
originally published in Power Magazine
Devin Hartman, director of the R Street Institute’s energy and environmental policy, in comments shared with POWER acknowledged Thursday’s ruling could impact future federal government regulatory moves, but said it may not have a major impact on climate initiatives. R Street is a Washington, D.C.-based think-tank that it says “engages in policy research and outreach to promote free markets and limited, effective government.”

“West Virginia v. Environmental Protection Agency may have major legal ramifications but minimal climate impact. Conventional regulation under the Clean Air Act could reduce emissions incrementally, but it is not effective for driving transformative change,” Hartman said. “Keep in mind, market forces caused the power industry to hit the emissions target of President Obama’s Clean Power Plan a decade early. To reduce future emissions, we should focus on modernizing regulations that prevent clean technology deployment rather than micromanaging the existing fossil fleet.”

Hartman added that “Government no longer needs to force private capital markets to address climate change. The private sector needs the ability to deploy capital swiftly and with the best emissions information. The Environmental Protection Agency’s best climate role may be to enhance emissions transparency, which is currently subpar.”

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