HHS: SCOTUS ruling on EPA’s power to limit carbon emissions ‘is a public health disaster’

In a 6-3 vote, the Supreme Court ruled that the Environmental Protection Agency does not have the authority to set federal air pollution standards for power plants under the Clean Air Act.

Chief Justice John Roberts wrote in the opinion that the case falls under the “major questions doctrine,” which requires administrative agencies to “be able to point to ‘clear congressional authorization’ when they claim the power to make decisions.”

“Capping 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,’” he wrote. “But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme. A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”

After the ruling was announced, HHS Secretary Xavier Becerra said in a statement that the “extreme Court action is a public health disaster.”

“Power plant emissions make our climate less stable and our air less breathable and represent one of the defining quality-of-life risks of our generation,” he said. “A failure to regulate power plant emissions will lead to increases in asthma, lung cancer and other diseases associated with poor air quality, and in many places, those impacts are likely to fall hardest in already heavily polluted neighborhoods.”

Becerra called on Congress “to repair the damage done by the Court’s ruling,” and said the Biden administration will continue to “use existing lawful authorities to protect public health and accelerate our transition to a clean, healthy and secure energy future for our country.”

Medical organizations, including the ACP and AMA, also issued statements condemning the Supreme Court’s decision.

“As physicians and leaders in medicine, we recognize the urgency of supporting environmental sustainability efforts to help halt global climate change and the devastating health harms that it is sure to bring,” AMA President Jack Resneck Jr, MD, said in a statement. “Despite this ruling, we will continue to do our part to protect public health and improve health outcomes for our patients across the nation.”

Earlier today, HHS announced new commitments to lower greenhouse gas emissions in health care. The agency said that partners across the health care sector have pledged to halve their emissions by 2030 and to achieve net zero emissions by 2050. The cosigners represent 650 hospitals, health care centers, insurance companies, suppliers, professional associations and other health care stakeholders.

“Health care providers already see the undeniable risks to their patients, especially those who already face other economic and health disadvantages,” Becerra said in the release. “With suppliers and pharmaceutical companies helping decarbonize the supply chain, where so much of the sector’s carbon footprint lies, the health sector is getting a significant jump on addressing one of the key issues of our time.”

References:

Biden-Harris Administration catalyzes private health sector commitments to reduce climate impacts and protect public health. https://www.hhs.gov/about/news/2022/06/30/biden-harris-administration-catalyzes-private-health-sector-commitments-reduce-climate-impacts-protect-public-health.html. Published June 30, 2022. Accessed June 30, 2022.

Internal medicine physicians concerned by court decision to limit EPA authority over carbon emissions. https://www.acponline.org/acp-newsroom/internal-medicine-physicians-concerned-by-court-decision-to-limit-epa-authority-over-carbon. Published June 30, 2022. Accessed June 30, 2022.

Limiting EPA ability to regulate greenhouse gases harms public health. https://www.ama-assn.org/press-center/press-releases/limiting-epa-ability-regulate-greenhouse-gases-harms-public-health. Published June 30, 2022. Accessed June 30, 2022.

Statement by HHS Secretary Xavier Becerra on the Supreme Court ruling blocking federal air pollution standards for power plants. https://www.ama-assn.org/press-center/press-releases/limiting-epa-ability-regulate-greenhouse-gases-harms-public-health. Published June 30, 2022. Accessed June 30, 2022.

Supreme Court of the United States. https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf. Published June 30, 2022. Accessed June 30, 2022.