Another great SCOTUS ruling

 The robes - at least the majority - have been knocking it out of the park this week.

This is another one of those that, like the narrative that was ready to go upon issuance of the Dobbs ruling, that "abortion rights" were taken away, when what the Court ruled was that the Constitution does not say that abortion is a right, substantive due process fans notwithstanding, is already getting couched in certain corners as bad old fuddy-duddies standing in the way of what "needs" to happen. It's already getting framed as a setback in the "fight against climate change."  (BTW, I thought this new CNN CEO, Chris Licht, wanted to point the network in a more objective-journalism direction.)

No, what this does is go a long way toward dismantling the century-plus-old progressive vision of unelected pointy-headed bureaucratic "experts" in executive-branch positions making law:

Roberts led a 6-3 decision in West Virginia v EPAthat has significant repercussions for agency jurisdiction. The court ruled that the EPA could not use the Clean Air Act to regulate carbon emissions without a more specific grant of that authority from Congress, although Roberts kept the decision as narrow as he could:

The Supreme Court on Thursday limited the Environmental Protection Agency’s ability to regulate carbon emissions from power plants, dealing a blow to the Biden administration’s efforts to address climate change.

The vote was 6 to 3, with the court’s three liberal justices in dissent, saying that the majority had stripped the E.P.A. of “the power to respond to the most pressing environmental challenge of our time.”

The ruling appeared to curtail the agency’s ability to regulate the energy sector, limiting it to measures like emission controls at individual power plants and, unless Congress acts, ruling out more ambitious approaches like a cap-and-trade system at a time when experts are issuing increasingly dire warnings about the quickening pace of global warming.

The implications of the ruling could extend well beyond environmental policy and further signal that the court’s newly expanded conservative majority is deeply skeptical of the power of administrative agencies to address major issues facing the nation and the planet.

The New York Times notes that this draws a pretty clear line in the sand from this court about agency jurisdiction and authority. It also parallels the CDC eviction-moratoria case, they note, in which the court rebuked the CDC for overstepping its jurisdiction and authority, granted by Congress in its enabling statute. If Congress wanted to expand that authority, then Congress should have acted, Roberts ruled at that time.

Roberts writes today that not only did Congress not specifically authorize the EPA to regulate carbon emissions in the manner they planned in their Clean Power Plan, Congress explicitly rejected such proposals:

The dissent also cites our decision in American Elec. Power Co. v. Connecticut, 564 U. S. 410 (2011). Post, at 20. The question there, however, was whether Congress wanted district court judges to decide, under unwritten federal nuisance law, “whether and how to regulate carbon- dioxide emissions from power plants.” 564 U. S., at 426. We answered no, given the existence of Section 111(d). But we said nothing about the ways in which Congress intended EPA to exercise its power under that provision. And it is doubtful we had in mind that it would claim the authority to require a large shift from coal to natural gas, wind, and solar. After all, EPA had never regulated in that manner, despite having issued many prior rules governing power plants under Section 111. See, e.g., 71 Fed. Reg. 9866 (2006); 70 Fed. Reg. 28616; 44 Fed. Reg. 33580; 36 Fed. Reg. 24875 (1973).

Finally, we cannot ignore that the regulatory writ EPA newly uncovered conveniently enabled it to enact a program that, long after the dangers posed by greenhouse gas emissions “had become well known, Congress considered and rejected” multiple times. Brown & Williamson, 529 U. S., at 144; see also Alabama Assn., 594 U. S., at ___ (slip op., at 2); Bunte Brothers, 312 U. S., at 352 (lack of authority not previously exercised “reinforced by [agency’s] unsuccessful attempt . . . to secure from Congress an express grant of [the challenged] authority”). At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon. See 80 Fed. Reg. 64734 (“Emissions trading is . . . an integral part of our BSER analysis.”). Congress, however, has consistently rejected proposals to amend the Clean Air Act to create such a program. See, e.g., American Clean Energy and Security Act of 2009, H. R. 2454, 111th Cong., 1st Sess.; Clean Energy Jobs and American Power Act, S. 1733, 111th Cong., 1st Sess. (2009). It has also declined to enact similar measures, such as a carbon tax. See, e.g., Climate Protection Act of 2013, S. 332, 113th Cong., 1st Sess.; Save our Climate Act of 2011, H. R. 3242, 112th Cong., 1st Sess. “The importance of the issue,” along with the fact that the same basic scheme EPA adopted “has been the subject of an earnest and profound debate across the country, . . . makes the oblique form of the claimed delegation all the more suspect.” Gonzales, 546 U. S., at 267–268 (internal quotation marks omitted).

In this case, it wasn’t just the regulation that crossed the line, but also its arbitrary nature. The EPA attempted to impose caps that didn’t have any relation to the statute nor to a rational and objective standard, Roberts wrote:

First, unlike Section 111, the Acid Rain and NAAQS programs contemplate trading systems as a means of complying with an already established emissions limit, set either directly by Congress (as with Acid Rain, see 42 U. S. C. §7651c) or by reference to the safe concentration of the pollutant in the ambient air (as with the NAAQS). In Section 111, by contrast, it is EPA’s job to come up with the cap itself: the “numerical limit on emissions” that States must apply to each source. 80 Fed. Reg. 64768. We doubt that Congress directed the Agency to set an emissions cap at the level “which reflects the degree of emission limitation achievable through the application of [a cap-and-trade] system,” §7411(a)(1), for that degree is indeterminate. It is one thing for Congress to authorize regulated sources to use trading to comply with a preset cap, or a cap that must be based on some scientific, objective criterion, such as the NAAQS. It is quite another to simply authorize EPA to set the cap itself wherever the Agency sees fit.

Finally, Roberts concludes that any such policy with the magnitudes of impacts that this scheme has needs a specific and explicit act of Congress to authorize. This is the “major question” doctrine at work:

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.” New York v. United States, 505 U. S. 144, 187 (1992). But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body. The judgment of the Court of Appeals for the District of Columbia Circuit is reversed, and the cases are remanded for further proceedings consistent with this opinion.

Justice Neil Gorsuch goes farther in rebuking the dissent. First, his concurrence offers a lengthy review and support for the major-questions doctrine as a means to rein in the increasingly expansive bureaucratic state, which he notes presents a threat to constitutional order and self-governance anyway. The doctrine is born of necessity to ensure that unelected officials remain responsive to both Congress and the president, and also that they do not intrude on matters that properly belong to the sovereign states.

Rexford Tugwell is surely rolling in his grave.