The Supreme Court is back at it.
Monday kicks off another period of business that could fundamentally reshape environmental regulation in the United States, with major consequences for the climate.
The court’s six-judge conservative supermajority is newly emboldened after a series of rulings last quarter that have upended access to abortion, reduced the federal government’s response to the Covid-19 pandemic and limited the power of the Environmental Protection Agency to curb global warming emissions.
The court’s term opens Monday with arguments in a case called Sackett v. EPA. The Bottom Line: Chantell and Michael Sackett want to build a home near Idaho’s Priest Lake, but EPA regulations make it difficult. If they win, the court could restrict the EPA’s ability to protect wetlands, which act as carbon sinks, absorbing CO2 and filtering chemicals, human waste and other pollutants.
The case also presents another opportunity for the court to handcuff the agencies in ways that could reverberate far beyond environmental law.
The Supreme Court adopted this approach last quarter in West Virginia vs. EPA when, instead of narrowly rejecting a sweeping Obama-era power plant emissions rule, conservative justices offered a new tool – the major issues doctrine – to opponents of federal efforts to halt change global climate change, address public health emergencies, and address racial injustices.
Coming soon to court is a case that will determine whether the University of North Carolina and Harvard University violated civil rights law and the Constitution by using race as an admissions factor.
This could have major implications for the Biden administration’s attempts to correct generations of policies that have led to disproportionate pollution in predominantly black communities. President Joe Biden has set a goal that 40% of new federal investments go to overcrowded and underserved areas.
The Supreme Court could also take up a case that could help fossil fuel companies avoid paying for damages caused by climate change. In Suncor Energy Inc. v. Boulder Countybig oil companies are asking the court to throw a stumbling block in the way of local governments by demanding that they foot the bill for the massive consequences of climate change.
The oil industry won a similar case in the Supreme Court in 2021, which delayed two dozen climate liability lawsuits that accuse fossil fuel companies of misleading the public and worsening the effects of global warming.
The judges are currently discussing whether to add Suncor and other cases on their record, so stay tuned. You can find out more here on the Court’s forthcoming environmental programme.
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A big thank you to Pamela King and Lesley Clark for explaining to us what the Supreme Court is getting into with this mandate.
Today in the POLITICO Energy podcast: Catherine Morehouse breaks down the state of Florida’s energy system and how supply chain issues are affecting power restoration efforts after Hurricane Ian.
The midterm elections are about a month away, and while Republicans are still favored to win back the House, the prospects for Democrats have improved in recent weeks.
POLITICO E&E News reporter George Cahlink explains how energy and environmental issues could prove a tipping point in 32 of the nation’s most competitive races.
Flood insurance woes
Hurricane Ian is expected to financially ruin countless people in Florida whose homes were not covered by flood insurance when the storm inundated the region with powerful ocean surges and devastating downpours, writes Thomas Frank.
Millions of Americans nationwide do not have flood insurance. The federal government’s National Flood Insurance Program — the main source of flood coverage in the United States — protects only a tiny fraction of homeowners.
Florida’s Destroyed Grid
Utilities across the state worked to make their electrical systems more resilient to extreme weather, but more than 2 million homes and businesses were left in the dark Friday after 150 mph winds and surge 12-foot storms from Hurricane Ian destroyed infrastructure in some areas.
Mike Lee and Kristi E. Swartz explain what you need to know about the Florida Grid as the Sunshine State strives to recover from the Category 4 hurricane.
Winter is coming
With the UK’s new Conservative government generally wary of state intervention, officials are now considering measures to reduce energy demand as supply problems mount ahead of winter, writes Charlie Cooper.
“Ministers may not want energy rationing, but when there is a shortage it is the law of the land,” said Ed Birkett, energy and climate chief at the center think tank -Onward right.
Methane madness: A new study has found that natural gas flaring releases five times more planet-warming methane than the EPA estimated.
Not just a river in Egypt: Fox News host Tucker Carlson has a new conspiracy theory about hurricanes that they’re a “scam”.
A showcase of some of our best subscriber content.
The researchers say a thin “artificial leaf” could one day generate fuel in remote areas, thanks to its ability to float while mimicking photosynthesis.
New research warns that hundreds of hospitals along the American coast are in danger of flooding when hurricanes hit.
The The German government has declared Friday he remains opposite an EU-wide mechanism to apply a price cap on imports of natural gas.
That’s all for today, friends. Thanks for reading, and have a nice weekend!
