The Supreme Court is Wrong

Photo by Matthias Heyde on Unsplash.

I have mostly stayed away from writing about political issues on my website since I feel that political disagreement takes away from trying to achieve the greater good. But I feel that I can no longer avoid certain issues, especially since pollution and climate change should not be political issues. These are human issues.

In more than one way recently, the Supreme Court has gotten it wrong.

The Case

The Supreme Court recently ruled in West Virginia v. Environmental Protection Agency that the Environmental Protection Agency (EPA) does not have the authority to issue broad, aggressive regulations on climate-warming pollution from power plants that might force many of those plants to close or rebuild. It potentially restricts other agencies from passing regulations to protect both the environment and public health.1

“The case was unusual because it focused on a program that wasn’t even in force: the Clean Power Plan, an Obama-era federal regulation adopted under the Clean Air Act of 1970, which sought to govern greenhouse gas emissions from power plants.” The Clean Power Plan would have required utilities to move away from coal and toward renewable energy.

After a series of lawsuits from Republican states and the coal industry, the Supreme Court blocked the program in 2016 and it never took effect. “The Biden administration tried to have the case dismissed, arguing that there were no E.P.A. regulations in place for the court to consider. That didn’t work and, in the end, the court favored the plaintiffs…who argued that only Congress should have the power to set rules that significantly affect the American economy.”2

“It was the product of a coordinated, multiyear strategy by Republican attorneys general, conservative legal activists and their funders to use the judicial system to rewrite environmental law, weakening the executive branch’s ability to tackle global warming.” -Manuela Andreoni, New York Times3

Smog from a plant, obscuring the sunlight.
Photo by Alexei Scutari on Unsplash.

Greenhouse gases

The greenhouse effect is what it sounds like, in that if you have a covered garden, you are purposely trapping the heat inside. The Earth’s atmosphere does the same thing, as natural greenhouse gases trap heat and keep our habitat warm. However, human activities are responsible for unnatural increases in greenhouse gases in the atmosphere over the last 170 years. This increases the temperature across the planet, hence causing what we call global warming. “The largest source of greenhouse gas emissions from human activities in the United States is from burning fossil fuels for electricity, heat, and transportation.” Carbon dioxide (CO2) is the primary greenhouse gas, accounting for nearly 80% of all U.S. greenhouse gas emissions. “The main human activity that emits CO2 is the combustion of fossil fuels (coal, natural gas, and oil) for energy and transportation.”4

Power plant in distance at sunset, emitting smoke, in Poland.
Photo by Marek Piwnicki on Unsplash.

Greenhouse Gas Emissions

The electricity sector is the second-largest source of greenhouse emissions in the United States (after transportation). This accounts for 25% of the U.S.’s emissions. “Approximately 60% of our electricity comes from burning fossil fuels, mostly coal and natural gas.”5

The Intergovernmental Panel on Climate Change (IPCC), the leading scientific authority on global warming, explains that exceeding a 1.5 degrees Celsius increase would cause climate change’s worst impacts. This means more intense droughts, extreme heat, massive flooding, and the worsening of food shortages, wildfires, and even poverty. It also means the decline of all species. That includes a mass die-off of the world’s coral reefs which actually help regulate the oceans and climate.

Because since the Industrial Revolution, the Earth has already heated 1.1 degrees Celsius (2 degrees Fahrenheit).

“The failure of the United States — the largest emitter of greenhouse gases in history — to meet its climate targets would very likely mean the world will not be able to keep global warming at about 1.5 degrees above preindustrial levels. Beyond that threshold, scientists say, the likelihood of catastrophic heat waves, drought, flooding and widespread extinctions increases significantly.”6

Woman with sign on her back: "time is running out!" with an Earth depicted as a bomb.
Photo by Tobias Rademacher on Unsplash.

Running Out of Time!

We are running out of time to stall massive problems. Once global warming reaches a certain point, it will create a spiral effect. Several articles mentioned how the Supreme Court’s decision will limit “Biden’s plan” or “Biden’s goal” to reduce carbon emissions. But these are not Biden’s goals, nor are they simply goals. Reducing carbon emissions is a requirement! It is a necessary move that the entire globe – every developed nation – must make in order to save the people. We will not survive massive global changes, and we know this. If we want to live and see our grandchildren survive, we must change our ways.

Because we needed to start making these changes 50 years ago.

Reducing carbon emissions should be everyone’s goal, whether they like it or not.

It is not a Republican or Democratic issue.

It’s a human issue.

But the Supreme Court has punted clean air regulations to Congress, and we know that governing body consistently cannot get anything done. Our bipartisan Congress argues and filibusters and achieves nothing.

We don’t have that kind of time.