'Restoring the EPA's power to comprehensively regulate power sector carbon emissions will require decisive congressional action.'
But the Supreme Court's reasoning in this case imperils evidence-based policymaking. As Justice Kagan notes in,"The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening.
The decision also exacerbates the governance crisis in this country. By gutting regulatory agencies' ability to use existing statutory authority to respond to contemporary societal needs, the Court places the onus on Congress to amend countless laws to expressly authorize agencies to"make decisions of vast economic and political significance," whatever that means.
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