Steam leaves a cooling tower of the Lichterfelde gas-fired power plant in Berlin, Germany, March 30, 2022. The European Union's decision to include natural gas in a list of activities considered sustainable could derail progress in reducing greenhouse gas emissions at a time when climate scientists are calling for dramatic reductions to planet-warming releases. Photo: Michael Sohn/AP EU's Carbon Border Adjustment Mechanism May Force Congress To Consider a Carbon Tax
Some would argue that addressing the effects of climate change should be sufficient reason for Congress to act. But if it is not, the EU seems poised to provide a near-term economic incentive.
August 04, 2022 at 11:15 AM
5 minute read
On June 30, 2022, the U.S. Supreme Court decided, in West Virginia v. Environmental Protection Agency, that while "[c]apping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible 'solution to the crisis of the day'," Congress had not, in the Clean Air Act, given the U.S. Environmental Protection Agency (EPA) the authority to adopt on its own such a regulatory scheme. The court thus ruled that, without more explicit congressional authorization, the EPA lacks the authority to require coal-generated producers of electricity to build or invest in new natural gas plants, wind farms or solar installations or to purchase emission allowances or credits as part of a cap-and-trade system.
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