Corporate Climate Change, Expose Series-Intro: Leaked memos show Supreme Court ignored climate dangers in Obama regs fight P12
By Alex Guillén
04/20/2026 06:48 AM EDT
Source: E & E News by Politico
Photo / Image Source: Unsplash,
The “abbreviated discussion of the issues at stake here makes it difficult for me to determine with any confidence which side is likely to ultimately prevail,” Kagan wrote, though she added “it seems to be at this stage the government has the better of the arguments.”
The memos also reveal that Roberts, at least, was leaning toward an argument made by the rule’s opponents who said that EPA was barred from regulating power plants’ greenhouse gas emissions entirely.
Some challengers to the rule argued that the Clean Air Act bars EPA from regulating sources under Section 111, the part of the law the Obama administration was using for greenhouse gases, if those sources are already regulated under Section 112, another part of the law that limits hazardous pollutants. For coal-fired power plants, Obama’s mercury rule meant EPA could not use Section 111 to limit carbon dioxide, those challengers argued.
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