congress
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Supreme Court considers reviving nondelegation doctrine limiting agency power
The Supreme Court may soon revisit a long-unused doctrine that could curb federal agencies’ authority by placing more responsibility on Congress to legislate directly.
In short:
- Conservative justices are signaling interest in reviving the nondelegation doctrine, which limits how much power Congress can delegate to federal agencies.
- The Pacific Legal Foundation argues Congress has given too much power to agencies, challenging environmental regulations as part of this strategy.
- If revived, the doctrine could reshape how agencies like the EPA regulate, shifting more responsibility back to Congress.
Key quote:
“This is the next frontier of separation of powers. This is definitely something we’re pushing in our litigation.”
— Luke Wake, attorney with Pacific Legal Foundation
Why this matters:
Reviving the nondelegation doctrine could reduce the power of regulatory agencies, requiring Congress to take on more direct decision-making. This shift could lead to delays in addressing complex issues like environmental protections due to political gridlock.
Read more: EPA loses ground in Supreme Court decisions
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Schumer plans renewed climate efforts if Democrats win big in November
Senate Majority Leader Chuck Schumer has promised to prioritize new federal climate legislation if Democrats regain control of Congress and the White House this fall.
In short:
- Schumer aims to push for a climate bill that could achieve zero carbon emissions by 2050 if Democrats secure a governing trifecta.
- The bill might revive measures like the Civilian Climate Corps and Clean Electricity Performance Program, previously excluded from the Inflation Reduction Act.
- Schumer also hopes to pass a rail safety bill, though bipartisan support remains uncertain.
Key quote:
“My North Star in doing the IRA … was 40 percent reduction in the amount of carbon that goes into the atmosphere by 2030.”
— Chuck Schumer, Senate Majority Leader
Why this matters:
If Democrats win in November, the potential for significant climate action increases, affecting national and global efforts to combat climate change. Schumer’s push for zero carbon emissions by 2050 could reshape U.S. climate policy.
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Recent Supreme Court rulings could hinder climate policies
The Supreme Court's recent decisions limiting federal authority are already complicating the legal landscape for environmental regulations, potentially slowing down critical climate action.
In short:
- The Supreme Court's rulings, including the overturning of the Chevron doctrine, weaken federal agencies' ability to enforce climate-related regulations.
- Lower courts have started to return cases for reconsideration, leading to delays and uncertainty in climate policy implementation.
- Legal experts warn that the uncertainty may discourage federal agencies from pursuing ambitious climate policies.
Key quote:
"We are at a critical point for climate action, and in the absence of Congressional legislation, we’re going to be asking our federal agencies to do more and more with the statutory tools that they already have."
— Jason Rylander, legal director, Center for Biological Diversity
Why this matters:
These Supreme Court rulings could significantly delay or derail efforts to mitigate climate change by limiting the power of federal agencies. Without bold regulatory action, achieving critical climate goals may become increasingly difficult.
Related EHN coverage:
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Americans understood climate change decades ago
In the 1960s, Americans across various sectors, including government and media, were aware of climate change, contrary to recent Supreme Court opinions.
In short:
- Historian Naomi Oreskes uncovered evidence that scientists, Congress and even magazines like Sports Illustrated discussed climate change before 1970.
- A forthcoming paper reveals more than 100 congressional hearings on CO2 and climate issues before the Clean Air Act's enactment.
- The research challenges current legal interpretations, suggesting Congress intended to empower the EPA to regulate greenhouse gases.
Key quote:
“We discovered a universe of discussions by scientists, by members of Congress, by members of the executive branch.”
— Naomi Oreskes, historian of science at Harvard University
Why this matters:
This research highlights a forgotten history of climate awareness, challenging narratives that downplay past knowledge and intent. Recognizing this history could inform current legal and policy debates about climate regulation.
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Many congressional Republicans still deny climate science
An analysis reveals that 123 Republican lawmakers in Congress deny human-caused climate change despite declining numbers from previous years.
In short:
- The Center for American Progress found 123 House and Senate Republicans deny the scientific consensus on climate change.
- This group includes prominent leaders like House Speaker Mike Johnson and Majority Leader Steve Scalise.
- Despite the reduction in numbers, these members have collectively received $52 million from the fossil fuel industry.
Key quote:
“It's also concerning because it’s so obvious what the facts are, and to watch so many members of Congress pretend that the science is not settled, it just reveals a willingness to disregard truth.”
— Trevor Higgins, senior vice president for energy and environment, Center for American Progress
Why this matters:
Lawmakers denying climate science hinder efforts to address climate change effectively. Their significant influence and funding from fossil fuel interests could stall crucial policy actions needed to mitigate environmental impacts.
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The Biden administration delays crucial approval for California's climate rules
California's groundbreaking climate and air pollution rules face potential rollback if President Biden's Environmental Protection Agency fails to act before a looming deadline.
In short:
- The EPA has not yet approved California's request to enforce eight climate and air pollution rules.
- The Congressional Review Act (CRA) could allow future Republican leadership to nullify these rules if not approved soon.
- Former President Trump has stated he would revoke California's stricter emission standards if re-elected.
Key quote:
“President Trump is committed to doing everything in his power, and whatever is necessary, to stop Joe Biden and his far-left cronies from implementing a ban on gasoline-powered automobiles anywhere in America.”
— Karoline Leavitt, Trump campaign spokesperson
Why this matters:
If the EPA does not approve California's waivers, future administrations could easily dismantle the state's progressive environmental standards. This delay threatens the progress in reducing emissions and setting stricter environmental policies nationwide.
For more:
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Biden's new budget includes funds for climate change initiatives
President Joe Biden has proposed significant funding toward the United Nations Green Climate Fund in his latest budget plan.
In short:
- Biden's fiscal 2025 budget aims to fulfill a pledge to the United Nations by proposing $500 million for the Green Climate Fund, with gradual increases up to $1 billion by 2028.
- The proposal includes making these funds mandatory to ensure they are shielded from political fluctuations, highlighting the administration's commitment to international climate finance.
- The plan is part of the President’s Emergency Plan for Adaptation and Resilience, targeting over half a billion people in developing countries to adapt to climate change impacts.
Key quote:
"This funding will unlock private capital that will enhance energy security by diversifying energy sources, help countries to reduce their emissions, enable the most vulnerable to adapt to climate change, and strengthen the resilience of their economies and critical infrastructure.”
— U.S. State Department
Why this matters:
President Biden's budgetary commitment underscores a significant U.S. re-engagement with global climate finance, signaling a shift toward more sustainable energy sources and resilience against climate change.
In 2021, Kartik Amaranth argued that methods of investing, lending, and risk assessment must change to prioritize equity.
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