What the Supreme Court’s Rulings Mean for Climate Change

Jesse is on vacation until August, so this is a special, Rob-only summer episode of Shift Key.

Over the past few weeks, the U.S. Supreme Court has profoundly changed how the federal government does its day-to-day work. In a series of landmark rulings, the high court sharply curtailed the ability of government agencies — including the Environmental Protection Agency — to write and enforce rules and regulations.

That will change how the federal government oversees the products we buy, the air we breathe, and the water we drink. But it could also alter how the government regulates heat-trapping greenhouse gas pollution.

But how, exactly, will these new rulings affect climate law? And is there an upside to the deregulatory revolution? This week, Rob holds a roundtable with two environmental law experts about what the high court’s rulings mean for America’s decarbonization project — and whether the court just inadvertently made the country’s already burdensome permitting process even worse. They are Jody Freeman, a Harvard law professor and former Obama administration lawyer, and Nicholas Bagley, a University of Michigan law professor.

This episode of Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap.

Mentioned: 

This year’s four big decisions: Loper Bright, Corner Post, Jarkesy, Ohio v. EPA

The Supreme Court Is Slowly Breaking the EPA

How the Supreme Court Just Changed Climate Law, According to 9 Lawyers

The Big Winners of This Supreme Court Term, by Nicholas Bagley 

Other important cases to know: 

• Massachusetts v. EPA established that the agency could regulate greenhouse gas pollution

• West Virginia v. EPA codified “the major questions doctrine”

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This episode of Shift Key is sponsored by …

Watershed’s climate data engine helps companies measure and reduce their emissions, turning the data they already have into an audit-ready carbon footprint backed by the latest climate science. Get the sustainability data you need in weeks, not months. Learn more at watershed.com.

As a global leader in PV and ESS solutions, Sungrow invests heavily in research and development, constantly pushing the boundaries of solar and battery inverter technology. Discover why Sungrow is the essential component of the clean energy transition by visiting sungrowpower.com.

Music for Shift Key is by Adam Kromelow.

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