EPA’s authority to safeguard human health and the environment is longstanding and well-established. But now there’s a new case before the Supreme Court that threatens it.
The case was brought by coal companies and their allies, whose efforts to tightly constrict EPA’s ability are not only alarming but also should not even be before the Supreme Court. That’s why EDF is participating in the case (West Virginia et al. v. EPA) in support of the agency’s clear authority and obligation to reduce climate pollution under the Clean Air Act. We joined other leading environmental groups and trade associations to file our merits brief in the case. Almost two dozen states and several cities, the federal government, and power companies that provide power to 40 million people in 49 states also filed in support of EPA.
The arguments made by the petitioners in this case do not articulate an actual, redressable injury. The case before the Supreme Court necessarily lacks this essential ingredient necessary for court review because the rule petitioners take issue with is not currently in effect. In fact, the rule has never been in effect.
Put simply, no actual dispute exists.
