(C) Common Dreams
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Republican Drive to Tilt Courts Against Climate Action Reaches a Crucial Moment [1]
['Coral Davenport', 'More About Coral Davenport']
Date: 2022-06-19
And the executive branch could not consider the economic costs of climate change when evaluating whether to approve a new oil pipeline or similar project or environmental rule.
Those limitations on climate action in the United States, which has pumped more planet-warming gases into the atmosphere than any other nation, would quite likely doom the world’s goal of cutting enough emissions to keep the planet from heating up more than an average of 1.5 degrees Celsius compared with the preindustrial age. That is the threshold beyond which scientists say the likelihood of catastrophic hurricanes, drought, heat waves and wildfires significantly increases. The Earth has already warmed an average of 1.1 degrees Celsius.
“If the Supreme Court uses this as an opportunity to really squash E.P.A.’s ability to regulate on climate change, it will seriously impede U.S. progress toward solving the problem,” said Michael Oppenheimer, a professor of geosciences and international affairs at Princeton University.
The ultimate goal of the Republican activists, people involved in the effort say, is to overturn the legal doctrine by which Congress has delegated authority to federal agencies to regulate the environment, health care, workplace safety, telecommunications, the financial sector and more.
Known as “Chevron deference,” after a 1984 Supreme Court ruling, that doctrine holds that courts must defer to reasonable interpretations of ambiguous statutes by federal agencies on the theory that agencies have more expertise than judges and are more accountable to voters. “Judges are not experts in the field and are not part of either political branch of the government,” Associate Justice John Paul Stevens wrote in his opinion for a unanimous court.
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[1] Url:
https://www.nytimes.com/2022/06/19/climate/supreme-court-climate-epa.html
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