Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Supreme Court EPA Decision Could Affect More Than Power Plants

A ruling limiting how the EPA regulates power plants could have far-reaching implications for other regulations, comments HDT's Editor in Chief Deborah Lockridge.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
August 17, 2022
Supreme Court EPA Decision Could Affect More Than Power Plants

This summer’s U.S. Supreme Court ruling limiting how the Environmental Protection Agency regulates power plants could have far-reaching implications for other regulations, comments HDT's Editor in Chief Deborah Lockridge.

Graphic: HDT

3 min to read


This summer’s U.S. Supreme Court ruling limiting how the Environmental Protection Agency regulates power plants could have far-reaching implications for other regulations, not only from the EPA but also from other agencies.

Ad Loading...

In a 6-3 decision, the court ruled in West Virginia v. EPA that the agency cannot issue sweeping rules that place broad restrictions on the power industry, saying the regulations in question went beyond the authority that the Clean Air Act had delegated to the agency.

Ad Loading...

With the EPA’s ability to address greenhouse gas emissions from powerplants limited by the ruling, it may push more cities and states to try to fill the gap — which could mean increased attempts to force the adoption of zero-emissions vehicles.

The EPA also could decide to turn its attention from powerplants more toward vehicles, the nation’s largest source of GHG emissions — although the ruling may make the agency more cautious, fearing lawsuits challenging that authority as well.

But the ruling will likely have impacts beyond climate policy. It was the latest in a string of decisions by the conservative court revolving around just how much authority is given to regulatory agencies. One example is the court’s turnback of OSHA’s attempt to require employers to make employees get COVID-19 vaccines or go through regular testing.

Nearly every major law Congress has passed since World War II involves delegating authority to administrative agencies. Essentially, Congress passes laws requiring certain actions, but it delegates the nitty-gritty-details on how exactly to accomplish it to federal agencies, such as the EPA — or the Federal Motor Carrier Safety Administration. Career staff at the agencies have expertise in areas that elected representatives likely don’t.

Two “doctrines” are at play in this decision — the “nondelegation” doctrine and the “major issues” doctrine.

Ad Loading...

The nondelegation doctrine says Congress can delegate powers to government agencies only if it gives those agencies clear, specific directions about what actions to take. The major questions doctrine says administrative agencies must be able to point to “clear congressional authorization” when they make decisions of major “economic and political significance.”

Of course, what qualifies as a “major issue” is up for debate.

Legal scholars, as well as the dissent from the court’s liberal minority, say the court’s decision may have a chilling effect on regulations in general.

As Justice Elena Kagan said in writing the dissenting opinion, “Congress knows what it doesn’t and can’t know when it drafts a statute; and Congress therefore gives an expert agency the power to address issues — even significant ones — as and when they arise.”

Lawrence Gostin, faculty director of the O’Neill Institute for National and Global Health Law at Georgetown University, said the decision “touches the authority of all federal agencies that issue regulations to protect our environment, health and safety. The ripple effects of this decision are profound.”

Ad Loading...

You may argue that fewer regulations can only be a good thing. And yes, there are plenty of examples of well-meant regulations with unintended consequences. But there are times when regulations are beneficial. For instance, this summer the American Trucking Associations lauded the passage of the Ocean Shipping Reform Act.

“Thanks to this bipartisan legislation, those carriers will no longer be able to charge truckers exorbitant and illegal detention and demurrage fees, increasing efficiency and reducing costs across the supply chain,” said ATA Intermodal Motor Carrier Conference Director Jonathan Eisen in a statement.

But how does the new law do that? By ordering an administrative agency, the Federal Maritime Commission, to write new regulations covering international ocean carriers.

This editorial commentary first appeared in the August 2022 issue of Heavy Duty Trucking magazine.

Subscribe to Our Newsletter

More Fuel Smarts

Solar panels on top of a red Class 8 truck sleeper cab
Equipmentby Deborah LockridgeMarch 15, 2026

Vanair Introduces Solar, Battery Power Ecosystem for Class 8 Trucks

The company’s expanded EPEQ ecosystem includes flexible solar panels, lithium batteries, hydraulic power systems, and a portable fast charger for electric trucks.

Read More →
HDT Talks Trucking thumbnail saying: NACFE's Messy Middle: Which Fuel Wins?
Fuel SmartsMarch 11, 2026

Run on Less “Messy Middle” Data Shows Multiple Paths for Truck Powertrains [Listen]

Listen as Mike Roeth of the North American Council for Freight Efficiency shares insights into battery-electric trucks, natural gas, biofuels, and clean diesel on this episode of HDT Talks Trucking.

Read More →
YouTube thumbnail with Mike Roeth of NACFE saying "NACFE's Messy Middle: Which Fuel Wins?"
Fuel Smartsby Deborah LockridgeMarch 11, 2026

Run on Less “Messy Middle” Data Shows Multiple Paths Forward for Truck Powertrains [Watch]

NACFE's Run on Less - Messy Middle project demonstrates the power of data in helping to guide the future of alternative fuels and powertrains for heavy-duty trucks.

Read More →
Ad Loading...
Mike Kucharski, vice president, JKC Trucking.
Fuel Smartsby Jack RobertsMarch 10, 2026

Trucking Executive Warns Fuel Spike from Middle East Conflict Hitting Fleets Fast

Mike Kucharski, vice president of refrigerated carrier JKC Trucking, says diesel price jumps tied to global instability are squeezing carriers already struggling with weak freight rates.

Read More →
A mechanic in a workshop leans over the open engine compartment of a large yellow vehicle, inspecting components while holding a tablet.
Sponsoredby Kristy CoffmanMarch 9, 2026

Smarter Maintenance Strategies to Keep Trucks Rolling

In today’s cost-conscious market, fleets are finding new ways to get more value from every truck on the road. See how smarter maintenance strategies can boost uptime, control costs and drive stronger long-term returns.

Read More →
Group of researchers and engineers standing next to an electric heavy-duty truck used in Purdue’s wireless charging project.
Fuel Smartsby News/Media ReleaseFebruary 3, 2026

Researchers Demonstrate Wireless Charging of Electric Heavy-Duty Truck at Highway Speeds

Purdue researchers demonstrated a high-power wireless charging system capable of delivering energy to electric heavy-duty trucks at highway speeds, advancing the concept of electrified roadways for freight transportation.

Read More →
Ad Loading...
Illustration showing diesel exhaust fluid pump sign and EPA headquarters
Equipmentby Deborah LockridgeFebruary 3, 2026

EPA Wants to Know: Are DEF De-Rates Really Needed for Diesel Emissions Compliance?

The Environmental Protection Agency is asking diesel engine makers to provide information about diesel exhaust fluid system failures as it considers changes to emissions regulations.

Read More →
SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
Fuel Smartsby Deborah LockridgeJanuary 29, 2026

California: Clean Truck Check Rules Still in Force for Out-of-State Trucks, Despite EPA Disapproval

The Environmental Protection Agency said California can’t enforce its Heavy-Duty Inspection and Maintenance Regulation, known as Clean Truck Check, on vehicles registered outside the state. But California said it will keep enforcing the rule.

Read More →
Ad Loading...
Illustration of Department of Justice building superimposed by truck exhaust stacks
Fuel SmartsJanuary 27, 2026

Justice Department Pulls Back on Criminal Prosecution of Diesel Emissions Deletes

The Trump administration has announced it will no longer criminally prosecute “diesel delete” cases of truck owners altering emissions systems in violation of EPA regulations. What does that mean for heavy-duty fleets?

Read More →