• Privacy Policy
  • About Us
  • Contact Us
Climate Change Dispatch
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
Climate Change Dispatch
No Result
View All Result

Supremes Deal Biden’s Climate Agenda A Serious Blow With EPA Ruling

by Ronn Blitzer
June 30, 2022, 10:26 AM
in News and Opinion
Reading Time: 3 mins read
A A
6

biden face palmThe Supreme Court dealt a significant blow to the Biden administration’s climate change agenda, ruling Thursday that the Environmental Protection Agency cannot pass sweeping regulations that could overhaul entire industries without additional congressional approval.

The 6-3 decision limits how far the executive branch can go in forcing new environmental regulations on its own. [bold, links added]

“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’” Chief Justice John Roberts said in the Court’s opinion.

“But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”

The case stemmed from the Obama administration’s 2015 Clean Power Plan which aimed to reduce carbon emissions at power plants.

The plan was blocked by the Supreme Court in 2016, and then repealed by the Trump administration and replaced by the less extreme Affordable Clean Energy (ACE) Rule. 

After President Biden took office, the ACE Rule became the subject of litigation that led to the D.C. Circuit Court of Appeals vacating that rule as well as the repeal of the Clean Power Plan.

The Biden EPA, however, has stated that it will not reinstate the Clean Power Plan, opting instead to develop and implement its own plan.

The question of how much power the EPA has was based on a provision in Section 111 of the Clean Air Act, which grants the EPA power to set “standards of performance” for existing sources of air pollutants as long as they take into account cost, energy requirements, and non-air health and environmental impacts.

The Trump EPA, in repealing the Clean Power Plan, took the position that Section 111 only let them determine measures to be implemented at the physical power plants themselves (an “inside-the-fence-line” restriction) and not broadly-applied measures for entire industries.

Similarly, West Virginia and other states claimed that Section 111 does not allow the EPA to go so far as to make rules that would completely reshape American electrical grids or force industries to eliminate carbon emissions altogether.

West Virginia’s argument is based on the “major questions doctrine,” which says that even though federal agencies generally have broad rulemaking power as delegated by Congress through the statutes that create them when it comes to issues of major economic and political significance to the country, those statutes need to have clear language to support the agency’s action.

Without clear language, they would need new legislation that specifically grants them the power to carry out their actions.

The Biden EPA claimed that the major questions doctrine did not apply in this case, arguing that there was no issue of such great significance.

During oral arguments, Solicitor General Elizabeth Prelogar asserted that there cannot be a major question because there is no current rule in place.

Additionally, the administration argued that there is no major question because the U.S. ended up meeting the Obama administration’s carbon goals even without the Clean Power Plan in place. [Thanks largely to our switch to natural gas and more fracking. —CCD ed.]

Developing…

Read more at Fox News

  • Truth
  • Twitter
  • Facebook
  • LinkedIn
  • Gettr
  • Threads
  • gab-logo Gab
  • Mastodon
  • Buffer
  • Telegram
  • Email
  • Copy Link
  • Share Using More Networks…

Popular Posts

Bipolar

New Study: Ice Core Data Shows Modern Warming Is Statistically Unremarkable

Mar 05, 2026
Energy

Climate Science’s Biggest Shift In Decades: IPCC’s RCP8.5 Is Officially Dead

Apr 29, 2026
Electric Vehicles (EVs)

The ‘Green’ Scam Of The Century: How ‘Renewables’ Increase Fossil Fuel Demands

Oct 23, 2024

Comments 6

  1. David Lewis says:
    4 years ago

    The article assumes that Congress has the authority to regulate power plants. That is not true. All such authority including the very existence of the EPA is base on the Constitution’s clause on interstate commerce being a federal power. “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This was primarily to prevent states from imposing import taxes on each other. This has been used to justify a massive expansion of federal power starting with FDR, but a valid interpretation finds the EPA, ATF and other agencies out of scope.

    Today the federal government operates on the principle if it isn’t forbidden by the Constitution, then it is allowed. The Constitution’s list of enumerated powers proves otherwise. If the federal government had the authority to do anything not forbidden, then why does it need a list of powers such as collecting taxes or establishing the post office? It needs this list because any power not granted by the Constitution is forbidden. That certainly includes the EPA and all of its rulings.

    If climate change were a legitimate problem, then action would be up to the states. The climateers would complain that only half the states would take action. That is because the “climate crisis” has always been assumed, but never proven. The states willing to take action are the liberal states that are attracted by the multiple liberal agendas hitchhiking on the climate change movement, such as an excuse for new taxes.

    Reply
  2. Spurwing Plover says:
    4 years ago

    You can already hear the whining from Greenpeace you can already picture them running around dressed as Polar Bears and pulling a Drowning Polar Bear Act

    Reply
  3. Randy Verret says:
    4 years ago

    OK, so IF we are in a “climate crisis” and in such dire need of more foundational environmental laws, then GET BUSY in Congress! That would necessitate debate about climate and you’d have to SELL IDEAS to get enough votes to pass the “transformational” laws you claim to need to save the planet rather than hiding behind administrative agencies & using the courts to enforce your ideological agenda. Folks that are well informed & of good will would WELCOME an HONEST debate! Therein lies the problem…

    Reply
  4. Rhee says:
    4 years ago

    A half century of brazen leftist activism is being reined in by supreme court

    Reply
    • Steve Bunten says:
      4 years ago

      This is just the first step and I hope the SCOTUS continues. They need to get rid of the ability of agencies to adjudicate their rulings (talk about having a need for recusal since there is by definition conflict of interest!) These agencies are not only acting as the administrator of rules but also the legislature in creating them and then the judiciary to adjudicate those who they say violated those rules.

      Reply
  5. Russell Johnson says:
    4 years ago

    Great win for liberty and freedom! The left has used the administrative state i.e. the bureaucracy to employ regulations instead of specific legislation–always unleashing a blizzard rules and regs with the force of laws!!!!!!!!!! The EPA’s broad brush approach has been stopped!!

    Reply

Comments are welcome! Those that add no discussion value may be removed.Cancel reply

Stay Connected!

gab-logo

Donate Today

Beating back the alarmist narrative takes time and money. Please donate today to help!

Subscribe To CCD Via Email!

Subscribe to receive a digest of daily stories, or get instant notifications. Check your Junk/Spam folder for a verification email.

Recent Posts

  • Judge Sannes hears arguments challenging New York's Climate Change Superfund Act in federal court.Federal Judge Casts Doubt On New York’s Climate Superfund Law
    Aug 5, 2026
    A federal judge questioned whether New York's climate superfund law can impose retroactive liability on energy companies for worldwide emissions. […]
  • India is choosing economic growth over another round of net-zero promises.India Rejects Net Zero—And The Climate Cartel Barely Noticed
    Aug 5, 2026
    The world's most populous nation is putting affordable energy, industrial growth, and poverty reduction ahead of net-zero pledges. […]
  • The aftermath of a devastating wildfire that destroyed hundreds of homes in the Spokane area.‘Global Warming’ Strikes Again In Spokane — Otherwise Known As Arson
    Aug 5, 2026
    The arrest of a suspected arsonist undercuts claims that climate change was responsible for one of Washington's most destructive wildfire outbreaks. […]
  • shell totalenergies saleShell Ditches British Solar Farms In Net Zero Retreat
    Aug 4, 2026
    Shell is selling its British solar farm business as it retreats from net zero, watering down its 2030 target and dropping its 2035 low-carbon goal. […]
  • matcha green tea exportsNew Scientist Brews A Climate Scare Over Matcha—As Production Soars
    Aug 4, 2026
    New Scientist warns climate change is threatening matcha, but booming production, rising exports, and stable yields tell a different story. […]
  • French wildfire investigators collect evidence at a suspected point of origin.France Arrests Nearly 400 People Linked To Wildfires, Undercutting The Climate Narrative
    Aug 4, 2026
    France has arrested nearly 400 people linked to wildfires as officials say human activity—not climate change—is behind most fires. […]
  • climate records locked‘Afraid Of The Sunlight’: Watchdog Sues University Over Climate Lawsuit Records
    Aug 3, 2026
    A watchdog organization filed a […]
  • energy trial courtClimate Lawsuits Are The Left’s New Carbon Tax
    Aug 3, 2026
    Rep. Harriet Hageman says activist climate lawsuits are the Left's new carbon tax—and her bill aims to stop them. […]
  • chris martz newsmaxMeteorologist Chris Martz Challenges Climate Claims Behind Canadian Wildfires
    Aug 3, 2026
    Meteorologist Chris Martz challenges the climate narrative behind Canadian wildfires, citing history, lightning, forest management, and misguided policy. […]
  • arctic research stationNew Study Finds Rising CO2 Cools The Arctic
    Aug 3, 2026
    A new study finds increasing carbon dioxide cools the Arctic's lower atmosphere through radiative effects, challenging conventional expectations. […]

Books You May Like

Cold Facts About the Great Global Warming Scam

Climate prn book

Sunset on Net Zero

Canary in a Climate World

Have a suggestion? Let us know! We swap out books based on your input. We participate in the Amazon Services LLC Associates Program. See here.

  • Privacy Policy
  • DMCA Policy
  • About Us
  • Contact Us

© Portions copyright Climate Change Dispatch

No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us

© 2026 Climate Change Dispatch

 
Share via
  • Facebook
  • Twitter
  • Pinterest
  • LinkedIn
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky
Share via
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky