EPA seeks to limit its power to curb climate pollution

“There is a compelling argument that the major questions doctrine by itself would prohibit the EPA from regulating greenhouse gases,” said Daren Bakst, director of the Center for Energy and Environment at the Competitive Enterprise Institute, a libertarian think tank.

“The doctrine says that when an agency seeks to answer questions of vast economic and political significance, the agency must point to clear congressional authorization to answer such questions,” he said.

The circulated passage from EPA’s proposal also targets climate science and regulatory costs. But those are not offered as the main arguments that the proposal asks the courts to consider when reviewing the agency’s bid to repeal the endangerment finding.

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