In Part 1, I explained an alternative approach to looking at Supreme Court cases that don't go your way. Rather than just be angry and go protest, it's always a good idea to read the
. The EPA argued that the law gave it authority to set operating standards for power plants to minimize carbon dioxide emissions , and then decided to set an operating standard requiring coal power plants to shift some of their generating capacity away from coal and toward cleaner alternatives, like methane, nuclear, or renewables.
Basically, any strategy that involves Congress taking action or EPA taking action that relies on some other statutory authority is still perfectly acceptable under the opinion.This upside gives the government several options for regulating greenhouse gases from power plants. It’s also important that the EPA has many, many laws giving it various powers. The EPA’s lawyers and the lawyers working for special interest groups could take a fresh look at all of the relevant statutes and see if there are other powers that could be used to clean up the power grid. Plus, the EPA could work with state governments and use federalism to help tackle the problem.
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