Supreme Court muzzles EPA on climate

E&E News Greenwire included Kevin Poloncarz's comments at an Environmental Law Institute panel in an article about the Supreme Court sending a clear message in its ruling in West Virginia v. EPA.

According to Kevin, “All of that noise about this being the biggest thing we’ve ever done, the most monumental — that should be tamped down if an agency wants to avoid major questions. That’s an obvious point.”

He later added: “It is so funny because we thought these were all about lawyerly arguments, and to some extent, I think it’s more about PR because we need to make sure that the politicals don’t get out there in front of the lawyers.”

Kevin also specified that Chief Justice John Roberts’ mention in the majority opinion of then-EPA Administrator Gina McCarthy’s 2014 congressional testimony that the Clean Power Plan — which set out to reduce carbon emissions from power plants 32 percent from 2005 levels by 2030 — was “not about pollution control” but was an opportunity for states to invest in new energy sources.

In addition, Kevin also noted Justice Neil Gorsuch’s reference to former President Barack Obama’s statements in 2014 that if the Republican-controlled Congress failed to act, he would do it unilaterally.

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