Climate activists have faced significant setbacks in recent weeks: the Supreme Court’s recent decision to limit the Environmental Protection Agency’s (EPA) regulatory authority, Sen. Joe Manchin’s (D-W.Va.) firm refusal to support climate provisions in a reconciliation package, and the Biden administration’s almost declaration of a climate emergency. While many view these events as devastating delays in the fight against climate change, it is in fact an important reminder that bipartisan congressional action is still the best pathway for effective climate policy.
The Supreme Court’s decision in the West Virginia vs. EPA case came as particularly bad news for activists who had hoped regulation would be the key to reducing greenhouse gas emissions. In a 6-to-3 decision, the court curtailed certain authorities granted to the EPA under the Obama-era Clean Power Plan. Specifically, the majority struck down the agency’s ability to issue sweeping regulations to compel power plants to transition toward cleaner energy sources. Nevertheless, the EPA will continue to be able to regulate greenhouse gas emissions from power generation through different means, as well as emissions from other sectors. And that is an opportunity.
Electricity generation is a major source of pollution in the United States, producing 25 percent of overall greenhouse gas emissions. While renewable energy sources, like wind and solar, have become cheaper and more widespread, fossil fuels continue to generate the majority of America’s electricity. As the Biden administration attempts to set the U.S. on track to reduce greenhouse gas emissions by 50 percent by 2030, there is no question that the West Virginia vs. EPAdecision removes a powerful tool from the federal government’s toolbelt.
But relying on the executive authority of the president, let alone Supreme Court rulings, to deliver transformative climate policy is an unsustainable strategy. In the coming years, control of the White House — and as a result, authority over agencies like the EPA —will shift between Republican and Democratic administrations. The only way to ensure effective and durable climate policy is by passing bipartisan legislation in Congress.
Some activists will say that our approach and determination to stand on common ground is hopeless, that Congress is too dysfunctional and Republicans are unwilling to take climate change seriously. They are wrong.
In the last few years, Democrats and Republicans in Congress have united to pass the bipartisan Infrastructure Investment and Jobs Act, which became law and directed billions of dollars toward climate resilience and clean energy, as well as the Energy Act of 2020, which significantly reformed the United States’ energy policy with a focus on efficiency and scaling clean energy technologies. While these bills may not have garnered as much attention as the court’s EPA decision, they provide a roadmap for successful climate action.
Passing bipartisan climate legislation promptly will require finding areas of common ground, rather than arguing over policies that divide Democrats and Republicans. Supporting clean energy development, increasing the climate resilience of communities, and improving energy efficiency are already areas of common ground that can be built upon.
Other policy areas could be fruitful as well: implementing natural climate solutions, such as planting trees; making American manufacturing cleaner and more competitive globally; and reducing barriers to building clean energy facilities and infrastructure. It is likely that the next Congress will be divided, yet these types of policies could unite red and blue to create a greener future for America.
Even if Congress does rise above the partisan divide and pass common-ground climate legislation, we must also remember that government action alone is not enough to address the climate crisis. Meeting the needs of the communities most threatened by climate change and spurring innovation to rapidly decrease emissions will require collaborating with the private sector, non-profit advocacy organizations and everyday citizens.
Now, more than ever, we must recognize that climate change is not a political issue — it is an incredibly complex global challenge that threatens our quality of life both today and in the future. With the right combination of courage and creativity, we can solve this problem.
This is our call to action. We cannot wait for the nine justices or one person in the White House to turn the tide on climate change; instead, we need to hold our elected representatives in Congress accountable and demand they work together to pass common-sense climate legislation.
Jessie Buendia is the national director of Green for All at Dream.org.
Quill Robinson is the vice president of government affairs at the American Conservation Coalition (ACC).