SCOTUS Is Back in Session: Here Are the Climate Cases to Watch For

Implications of the West Virginia v. EPA Decision

The West Virginia v. EPA decision addressed the Clean Power Plan, an Obama-era regulation that aimed to address emissions from fossil fuel-fired power plants. The Supreme Court took up the case to examine the major questions doctrine, which questions the authority of federal agencies to impose significant regulations without clear authorization from Congress. While the court acknowledged the existence of the major questions doctrine, the decision did not provide clear guidance on its application. However, this decision has emboldened those who oppose federal regulations, as it presents an opportunity to challenge a wide range of federal regulations, from fuel efficiency standards to climate disclosure rules.

The Impact of the Inflation Reduction Act and Litigation

The Inflation Reduction Act (IRA) is primarily a spending bill that provides funding for various sectors, including clean energy and oil and gas. While the IRA focuses on spending rather than regulation, it still leaves room for litigation under existing environmental laws. Earth Justice and other organizations will continue to use litigation to ensure that any development supported by the IRA complies with environmental regulations. Additionally, challenges to the IRA side deal, which aims to streamline permitting processes and limit the scope of environmental laws, could play an important role in protecting environmental interests. Despite possible challenges at the Supreme Court, good litigation strategies and strong legal advocacy can still make a difference in safeguarding environmental regulations.

The Battle over Clean Water Act Protection

The Sackett case, which involves the Clean Water Act, is expected to be a significant case in the next Supreme Court term. This case centers around the protection of smaller streams and wetlands under the Clean Water Act and the extent of federal agency authority. While the court previously supported a broader interpretation of the Clean Water Act's protections, there is concern that the current court may adopt a more restrictive view. The outcome of this case could have far-reaching implications for environmental regulation and the ability to protect water quality in smaller water bodies. Industries seeking to bypass regulations have a vested interest in narrowing the scope of the Clean Water Act.

Other Cases with Potential Environmental Impacts

Aside from the Sackett case, there are other cases that could have important environmental implications. The Ross case deals with the Dormant Commerce Clause and its impact on laws addressing animal welfare, such as the proposition prohibiting the sale of pork derived from cruelly confined animals in California. A decision in this case could affect laws like renewable portfolio standards by challenging them under the Extra-Territoriality Principle. Additionally, cases involving affirmative action and state standing could influence environmental justice laws and the ability of states to sue to protect their environments. While concerns about the Supreme Court's stance on environmental matters exist, strategic litigation and the focus on specific cases affecting communities can still bring about positive change.

Damages

SCOTUS Is Back in Session: Here Are the Climate Cases to Watch For

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Quick takeaways

Deep dives

Implications of the West Virginia v. EPA Decision

The Impact of the Inflation Reduction Act and Litigation

The Battle over Clean Water Act Protection

Other Cases with Potential Environmental Impacts

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