Avi Garbow

About Avi Garbow

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Another Favorable Opinion from the Supreme Court

Today’s Supreme Court decision is a resounding win for EPA. At issue was how certain Clean Air Act permitting programs apply to carbon pollution. Justice Scalia, writing for seven of the nine justices, largely upheld EPA’s approach to requiring that carbon pollution be addressed in permits for large emitters, such as power plants and refineries. As Justice Scalia reportedly noted from the bench, “EPA is getting almost everything it wanted in this case.”

EPA’s inaugural suite of carbon pollution rules have now been fully vetted in federal court, and have emerged victorious, and largely unscathed. In fact, the most significant pieces of the Agency’s approach were not even granted Supreme Court review, having been found sound and upheld by the D.C. Circuit. EPA’s scientific finding that carbon pollution endangers public health and welfare was upheld by the D.C. Circuit, and the Supreme Court denied cert on issues related to it. Similarly, the D.C. Circuit upheld EPA’s first set of rules limiting carbon pollution from cars and trucks (and simultaneously saving consumers money at the pump), and the Supreme Court denied cert on issues related to those rules.

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Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

Please share this post. However, please don't change the title or the content. If you do make changes, don't attribute the edited title or content to EPA or the author.

Setting the Record Straight

Congress has charged the EPA with administering many of our nation’s key environmental statutes, which serve to protect the health of our citizens and ensure a cleaner and safe environment for ourselves and our children.  The Agency’s statutory responsibilities are many, and we constantly seek to implement the environmental laws faithful to both the applicable legal standards and the guiding science.

While Congress wrote the laws to create many mandatory duties for EPA to protect people’s health and our environment, it also included provisions that allow affected citizens to challenge the Agency’s final actions, providing a citizen-induced check on the full implementation of the relevant laws’ provisions.  This means of holding our government accountable is, by no means, limited to the environmental arena.  It is, in many respects, a bedrock component of how our system of government best operates, with the watchful eye of an engaged citizenry cast upon its government.

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Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

Please share this post. However, please don't change the title or the content. If you do make changes, don't attribute the edited title or content to EPA or the author.