Supreme Court Limits EPA Power, Shifts Climate Authority to Congress

Supreme Court Limits EPA Power, Shifts Climate Authority to Congress

Published Nov 12, 2025

The Supreme Court’s West Virginia v. EPA (2022) ruling, highlighted in the past two weeks, drastically limits the EPA’s ability under Section 111(d) to force “generation‐shifting” from fossil fuels to renewables, holding such sweeping systemic changes require clear congressional authorization and reinforcing the major‐questions doctrine. The decision preserves EPA authority for plant‐level “fenceline” measures and leaves intact other tools—vehicle greenhouse gas rules, methane limits, air toxics, and broader air and water quality provisions—so agencies retain targeted regulatory options. Impact: major climate policy requiring economy‐wide generation shifts now needs legislation; courts will apply stricter review to agency actions; and the EPA is expected to pursue narrower, technology‐ or equipment‐based standards at individual facilities rather than systemwide mandates.