Biden's EPA is trying to take a huge bite out of the climate crisis. Can it survive Trump's Supreme Court?

President Joe Biden’s Environmental Protection Agency (EPA) is facing a challenge from the conservative Supreme Court majority, which is casting doubt on the agency’s climate agenda. The EPA’s new rules, aimed at curbing climate pollution, could make a significant impact, but their survival depends on Supreme Court rulings. The court’s conservative justices are known to be skeptical of the EPA’s regulations. The agency is working to craft regulations that adhere closely to the law while facing legal challenges from Republican states and the fossil fuel industry. The EPA is cautious in its language, aiming to avoid legal scrutiny. The US, as the second-largest global polluter, has significant implications for the EPA’s role in regulating dirty industries. Legal experts describe the Supreme Court as “hostile” toward the EPA, with three justices seen as reliably anti-EPA. The remaining three conservative justices are less predictable. The EPA is striving to write lasting regulations that can withstand Supreme Court scrutiny. The agency is also facing challenges from multiple directions and attacks on its authority. Despite a 2007 Supreme Court ruling granting the EPA the power to regulate greenhouse gases, the conservative majority continues to narrow the agency’s authority. The major questions doctrine is being used to further weaken the EPA’s regulatory power by arguing that agencies cannot act without explicit congressional approval. However, recent climate legislation passed by Congress may provide some hope for the EPA’s authority. Experts have differing opinions on the effectiveness of these protections in the face of legal challenges. The EPA cannot afford to wait for Congress to act and must navigate the legal landscape carefully.