The Inflation Reduction Act doesn’t overturn the Supreme Court’s ruling in West Virginia v. EPA, but it does strengthen the agency's ability to fight climate change

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The Inflation Reduction Act doesn’t overturn the Supreme Court’s ruling in West Virginia v. EPA, but it does strengthen the agency's ability to fight climate change
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OPINION: There’s some confusion around what the new Inflation Reduction Act allows the Environmental Protection Agency to do. Here are a few key points.

The new Inflation Reduction Act is being justly celebrated as the most significant piece of federal legislation to address the climate crisis to date. It includes about $370 billion in incentives for everything from solar panels to electric vehicles.Comments by politicians on both sides of the aisle have suggested that the new law could upend a recent U.S.

Why the ruling remains a roadblock for the EPA The court case involved the Obama administration’s Clean Power Plan, a policy that would have required power generators to use cleaner forms of electricity but never went into effect. Roberts made clear that Congress could choose to pass more detailed legislation granting EPA the authority at the heart of the case if it wished.

To get the bill through the sharply divided Congress, the Senate’s Democratic majority used a process called budget reconciliation. That process allows for legislation to pass with only a simple majority of the vote. But legislation passed that way must be closely tied to spending, revenue and the federal debt limit—it cannot set broad national policy.

As Sen. Tom Carper, one of the principal architects of the Inflation Reduction Act, said, “The language makes pretty clear that greenhouse gases are pollutants under the Clean Air Act.”Challenges can be expected to EPA’s forthcoming rules replacing the Clean Power Plan, regulating methane emissions from oil CL00, +1.06% and gas NG00, +2.25% operations, tightening tailpipe emission and fuel economy standards, and so on.

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