The U.S. Supreme Court announced last week that it will hear arguments in February for cases that will challenge the Environmental Protection Agency’s (EPA) role in the Clean Air Act, which is set up to regulate greenhouse gas emissions, as well as a case that could change the definition of the Clean Water Act.
“It seems like we have a new conservative supermajority on the court that is much more inclined to do a slash-and-burn expedition through our major environmental laws,” Robert Percival, who directs the University of Maryland's environmental law program, told The Washington Post.
U.S. Sen. Mazie K. Hirono (D-HI) spoke out against this and urged the Supreme Court to uphold and defend the Clean Air Act, including letting the EPA do its job in an effort to be proactive in addressing climate change.
“Reducing carbon pollution from power plants is critical to curbing the climate crisis, yet Republicans continue to undermine EPA’s ability to do so," Hirono posted on Facebook Jan. 25. "I’m joining my Democratic colleagues and asking SCOTUS to defend the Clean Air Act."
According to the report in The Post, one case involves Chantell and Michael Sackett of Idaho, who have been going through litigation because they have been prohibited from building a home on their land due to the EPA deeming the area a wetland. In turn, a federal permit would be needed.
The couple has been through the court process and won before. They are now calling on the Supreme Court to resolve the 2006 case Rapanos vs. United States, where the Supreme Court justices were split 4-1-4 on the definition of what entails "waters of the U.S.," which the Clean Water Act was passed to protect 50 years ago.
There is a narrow definition that was proposed by former Justice Antonin Scalia, saying that a wetland must have a “continuous surface connection to related waters.” An expert told The Post that at least five justices could vote to adopt this rule. This was supported by the National Association of Homeowners and the U.S. Chamber of Commerce, as it would greatly help builders and developers get through the red tape.
The Supreme Court is also about to hear oral arguments in the case of West Virginia vs. EPA. Republican states are challenging the EPA authority under the Clean Air Act to regulate carbon dioxide from coal plants. The Washington Post reported that 192 Democrats in Congress are asking justices to preserve the climate authority of the EPA.