Supreme Court not finished with climate

Presented by National Clean Energy Week: Your guide to the political forces shaping the energy transformation

Sep 30, 2022 View in browser   By Pamela King, Lesley Clark and Arianna Skibell Presented by National Clean Energy Week The Supreme Court. | Francis Chung/E&E News The Supreme Court is at it again. Monday kicks off another term of cases that could fundamentally reshape environmental regulation in the U.S., with major consequences for the climate. The court's six-justice conservative supermajority is newly emboldened after a series of decisions last term that upended abortion access, scaled back the federal government's response to the Covid-19 pandemic and limited the Environmental Protection Agency's power to curb planet-warming emissions. The court's term opens Monday with arguments in a case called Sackett v. EPA. The gist: Chantell and Michael Sackett want to build a house near Idaho's Priest Lake, but EPA regulations are making that difficult. If they win, the court could restrict EPA's ability to protect wetlands, which act as carbon sinks, absorbing CO2 and filtering out chemicals, human waste and other pollutants. The case also presents another opportunity for the court to handcuff agencies in a manner that could ripple far beyond environmental law. The Supreme Court took that approach last term in West Virginia v. EPA when, instead of narrowly rejecting a far-reaching Obama-era power plant emissions rule, the conservative justices offered a new tool — the major questions doctrine — for opponents of federal efforts aimed at stopping global climate change, addressing public health emergencies and combating racial injustices. Soon to come on the court's docket is a case that will determine whether the University of North Carolina and Harvard University violated civil rights law and the Constitution by using race as a factor in admissions That could have major implications for the Biden administration's attempts to correct generations of policies that have led to disproportionate pollution in predominantly Black communities. President Joe Biden has set a goal that 40 percent of new federal investment go toward overburdened and underserved areas. The Supreme Court may also pick up a case that could help fossil fuel companies avoid paying for climate change damages. In Suncor Energy Inc. v. Boulder County , major oil companies are asking the court to throw a hurdle in the path of local governments demanding they foot the bill for the massive toll changing climate is taking. The oil industry won a similar Supreme Court case in 2021, which delayed two dozen climate liability lawsuits that accuse the fossil fuel firms of deceiving the public and worsening the effects of global warming. The justices are currently discussing whether to add Suncor and other cases to their docket, so stay tuned. You can read more here about the court's upcoming environmental agenda.   Thank goodness it's Friday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell.  Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net. A big thanks to Pamela King and Lesley Clark for filling us in on what the Supreme Court is getting into this term.   A message from National Clean Energy Week: Save the date for the 6th annual National Clean Energy Week (NCEW), September 26-30! NCEW celebrates the policies, industries, and innovations that power our daily lives while reducing emissions. Ready to join the national clean energy conversation? REGISTER for the VIRTUAL Policy Makers Symposium on September 27-29! Join us to hear from legislators, industry leaders, and clean energy advocates alike! Thanks to NCEW sponsors, registration is 100% FREE for all attendees! Register for FREE here.   Listen to today's POLITICO Energy podcast Today in POLITICO Energy's podcast: Catherine Morehouse breaks down the state of Florida's energy system and how supply chain issues are affecting efforts to restore power following Hurricane Ian. off to the races Claudine Hellmuth/E&E News The midterm elections are roughly a month away, and while Republicans are still favored to win back the House, the outlook for Democrats has improved in recent weeks. POLITICO's E&E News reporter George Cahlink breaks down how energy and environment issues could prove a tipping point in 32 of the nation's most competitive races. Power Centers Damaged homes and debris in Fort Myers Beach, Fla., in the aftermath of Hurricane Ian. | AP Photo/Wilfredo Lee Flood insurance woes Hurricane Ian is expected to financially ruin countless people in Florida whose homes were not covered by flood insurance when the storm inundated the region with powerful ocean surges and damaging downpours, writes Thomas Frank. Millions of Americans nationwide do not have flood insurance. The federal government's National Flood Insurance Program — the dominant source of flood coverage in the U.S. — protects only a tiny fraction of homeowners. Florida's wrecked grid The state's utilities have worked to make their electric systems more resilient to extreme weather, but more than 2 million homes and businesses remained in the dark Friday after Hurricane Ian's 150 mph winds and 12-foot storm surge destroyed the infrastructure in some areas. Mike Lee and Kristi E. Swartz break down what you need to know about Florida's grid as the Sunshine State works to recover from the Category 4 hurricane. Winter is coming While the United Kingdom's new conservative government is generally wary of state intervention, officials are now considering measures to cut energy demand as supply concerns mount ahead of winter, writes Charlie Cooper. "Ministers might not want energy rationing but, in the event of shortages, it's the law of the land," said Ed Birkett, head of energy and climate at the center-right think tank Onward. In Other News A flare burns natural gas at an oil well last year in North Dakota. | AP Photo/Matthew Brown, File Methane madness: A new study found that flaring natural gas releases five times more planet-warming methane than EPA had estimated. Not just a river in Egypt: Fox News host Tucker Carlson has a new conspiracy theory about hurricanes, namely that they are a "scam."   A message from National Clean Energy Week:   Subscriber Zone A showcase of some of our best subscriber content. A floating artificial leaf that generates clean fuel from sunlight and water. | Virgil Andrei Researchers say a thin "artificial leaf" could one day generate fuel in remote areas, thanks to its ability to float while mimicking photosynthesis. New research warns that hundreds of hospitals along U.S. coastlines are in danger of flooding when hurricanes strike. The German government said Friday it remains opposed to an EU-wide mechanism to enforce a price cap on natural gas imports. That's it for today, folks. Thanks for reading, and have a great weekend!   A message from National Clean Energy Week: Are you ready to join the national clean energy conversation? Save the date for the 6th annual National Clean Energy Week (NCEW), September 26-30 and REGISTER for the VIRTUAL Policy Makers Symposium on September 27-29! Tune in to hear from legislators, industry leaders, and clean energy advocates like YOU— thanks to NCEW sponsors, registration is 100% completely FREE for all attendees! NCEW is a weeklong celebration of the policies, industries, and innovations that power our daily lives while reducing emissions. Join us to recognize what an all-of-the-above clean energy future can bring: American energy independence, economic prosperity, & a healthier climate. Register for FREE here.     Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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