This SCOTUS case could change climate action

Your guide to the political forces shaping the energy transformation

Oct 28, 2022 View in browser   By Pamela King and Arianna Skibell The Supreme Court. | Francis Chung/E&E News One of the most consequential climate cases of the Supreme Court's term isn't about greenhouse gas emissions — it's about college admissions. But it could allow the court to further hobble the Biden administration's efforts to address climate change. On Monday, the justices will consider whether Harvard and other universities can account for race when deciding which students to accept. And here's the climate angle: President Joe Biden has committed to address long-standing inequities that have left Black and brown communities more exposed to the effects of rising global temperatures. But if the Supreme Court rules against Harvard, federal agencies might have to do their climate justice work without acknowledging racial disparities, making it harder to provide targeted relief. That would be a big problem, said Emily Hammond, a professor and vice provost at George Washington University Law School, in a story I wrote today for POLITICO's E&E News . "Our current system is not race-neutral, and agencies working on environmental justice, they're faced with the need to correct environmental injustice in a system that perpetuates that injustice," Hammond said. Opponents of race-conscious college admissions argue that the policies — designed to draw in a diverse set of students — are "overemphasizing race" to the point that schools are illegally excluding Asian and white applicants. Federal courts already admonished the Biden team for focusing on race in a debt relief program for Black farmers. And the White House Council on Environmental Quality this year avoided using race as a criterion in its new screening tool to identify disadvantaged communities most in need of federal investment. "Regardless of how the Supreme Court rules, the administration is keen to set up a framework that will survive judicial scrutiny," said Tanya Nesbitt, a partner in the environmental practice group at the law firm Thompson Hine. That caution could come at a cost, said Hammond. "Environmental injustice is at its core racial injustice, and failing to meet that very difficult aspect of our society head-on means that if you care about efficient government, we're not doing it efficiently," Hammond said. "If you care about restorative efforts, we're not focusing them where they need to be focused."   Thank goodness it's Friday — thank you for tuning in to POLITICO's Power Switch. I'm your host,  Arianna Skibell.   Big thanks to Pamela King for explaining how admissions matter for carbon emissions! 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. Listen to today's POLITICO Energy podcast Today in POLITICO Energy's podcast: Ben Lefebvre explains why Biden administration officials are holding several meetings over the next several days with European energy officials amid the ongoing energy crisis. big oil's cash bonanza Protesters gather outside an Exxon Mobil annual shareholders meeting. | Brian Harkin/Getty Images Exxon Mobil and Chevron raked in more than $30 billion in combined quarterly profits, Bloomberg reported Friday. Politicians and others are now lambasting the oil industry for amassing record income — this was Exxon's highest earnings in its 152-year history — while consumers are struggling to pay their bills amid soaring inflation and the global energy shortage. Exxon CEO Darren Woods defended the windfall by saying the industry is returning that money to the American people through dividends. Biden reproached Woods on Twitter , writing that "giving profits to shareholders is not the same as bringing prices down for American families." Power Centers Illustrations by Rebekka Dunlap for POLITICO Electric future Replacing gasoline-powered vehicles with electric ones requires a nationwide network of charging stations, writes David Ferris . Electric utilities and convenience stores are vying for control of those stations and the fuel coursing through them. The outcome will impact where Americans charge their EVs and how much they pay. The fight has already gotten ugly. In fact, heads have rolled. It's up to the agencies Because Biden's climate law was enacted as a budget measure, it does not include actual policy language concerning carbon reduction targets, writes Jean Chemnick . That means turning the law's money into a gigawatt of avoided carbon dioxide and other tangible benefits for communities will fall to officials at agencies and the White House. Foot off the gas After nearly 150 years of economy-pumping service, the internal combustion engine is bound for the scrap heap, at least in Europe, writes Joshua Posaner . In talks that concluded Thursday night, EU lawmakers agreed to set a zero-emissions sales mandate for new cars and vans by 2035. The deal secures a first win for the European Commission as it looks to push through a major package of green laws. in other news An installation of 3,000 candle-lit pumpkins in London. | Rob Stothard/Getty Images Just in time for Halloween: A look inside the evolution of the eco-horror genre. Energy (in)justice: The energy system is "inherently racist," advocates say. Here's how utilities are responding to calls for greater equity.   NEW AND IMPROVED POLITICO APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. With a fresh look and improved features, the sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don't miss out on the app you can rely on for the news you need, reimagined. Already a POLITICO app user? Upgrade today! DOWNLOAD FOR iOS – DOWNLOAD FOR ANDROID .     Subscriber Zone A showcase of some of our best subscriber content. Blue Bird electric school buses are pictured. | Business Wire California approved the nation's first utility rate to pay commercial customers for exporting energy from electric vehicles back to the grid. The Biden administration is walking a $4 billion "tightrope" to avert the Colorado River crisis, as it decides how best to spend the money. A Bill Gates-backed developer and major utility are studying the viability of turning five fossil fuel plants into nuclear energy and storage facilities. That's it for today, folks. Thanks for reading, and have a great weekend!   DON'T MISS POLITICO'S 2nd ANNUAL DEFENSE SUMMIT ON 11/16: The United States is facing a defining moment in the future of its defense, national security and democratic ideals. The current conflicts and developments around the world are pushing Washington to reshape its defense strategy and how it cooperates with allies. Join POLITICO for our second annual defense summit, "At a Crossroads: America's Defense Strategy" on November 16 in person at the Schuyler DC or join online to hear keynote interviews and panels discussing the road ahead for America's national security. REGISTER HERE .       Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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