Voters Are Concerned About Upcoming SCOTUS Ruling on West Virginia v. EPA
By Carly Berke and Danielle Deiseroth
The Supreme Court is expected to release a decision soon on West Virginia v. EPA, a case that could fundamentally reshape the way the Environmental Protection Agency (EPA) regulates air pollution and hamper the Biden Administration’s ability to tackle climate change. The plaintiffs — 19 Republican attorneys general working alongside two coal companies — argue that the EPA does not have the authority to regulate power plant emissions and this authority should instead be granted to Congress.
West Virginia v. EPA examines a section of the Clean Air Act (CAA), the landmark air quality legislation that was initially passed in 1970 and still informs regulations today. Each year, the CAA is projected to generate $2 trillion in benefits, and in 2020, the CAA prevented 230,000 early deaths.
During the Obama Administration, the EPA relied on the CAA to establish the Clean Power Plan, which set the first national limits on carbon pollution from U.S. power plants. The Clean Power Plan, repealed by the Trump Administration, has yet to be revived by President Biden.
As a result, West Virginia v. EPA is a unique case, because SCOTUS isn’t considering a rule that’s already been established —– it’s looking to set a precedent for the future, essentially going outside of its jurisdiction to prevent future EPA rulemaking on power plant pollution. This is a dangerous case that could gut some of the most impactful provisions of the Clean Air Act and permanently hamper the EPA’s ability to reduce greenhouse gas emissions from the power sector.
New polling conducted by Data for Progress and Evergreen Action finds that almost three-quarters of all likely voters (74 percent) are concerned about air and water pollution in their communities. That includes 79 percent of Independents and 57 percent of Republicans.
Our polling also finds that 63 percent of likely voters are concerned about the Supreme Court removing environmental protections established under the Clean Air Act.
Furthermore, 60 percent of voters believe the EPA should be allowed to regulate air pollution that contributes to climate change, including 80 percent of Democrats and 60 percent of Independents.
Lastly, after learning more about the main supporting and opposing arguments for the case, 62 percent of voters agree the EPA should be able to regulate air pollution that contributes to climate change.
EPA v. West Virginia is a historic Supreme Court case that could shape U.S. environmental regulations for decades to come. In order to help the U.S. meet its ambitious climate targets and set the nation on a pathway to reach net-zero emissions by 2050, it’s imperative to use every policy and regulatory tool available to reduce carbon emissions. By stripping the EPA of its ability to regulate power plant emissions, SCOTUS would make it extraordinarily harder to hold power producers accountable for their pollution and to incentivize a transition to cleaner sources of energy.
Carly Berke (@carlyberke) is the Strategic Partnerships Coordinator at Data for Progress.
Danielle Deiseroth (@danielledeis) is the Lead Climate Strategist at Data for Progress.