The Supreme Court’s latest climate change ruling could dampen efforts by federal agencies to rein in the tech industry, which went largely unregulated for decades as the government tried to catch up to changes wrought by the internet.
Progress has been made in the 50-plus years since Republican President Richard Nixon signed the Clean Air Act in 1970 — the six most common pollutants have declined by more than 75%. Now the act is being limited by the Supreme Court's decision in West Virginia v. EPA, LX News climate storyteller Chase Cain explains.
A former chief technologist at the FTC during President Donald Trump's administration said the ruling is likely to instill some fear in lawyers at the FTC and other federal agencies about how far they can go in making new rules affecting businesses. Givens disagreed, arguing that many agencies, especially the FTC, have clear authority and should be able to withstand lawsuits inspired by the EPA decision. She noted that Chief Justice John Roberts, who wrote the opinion, repeatedly described it as an “extraordinary" situation.
“We need a democratic system where Congress can give expert agencies the power to address issues when they arise, even when those issues are unforeseen,” she said. “The government literally can’t work with Congress legislating every twist and turn.”
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