See ya later, regulator… The US Supreme Court just dealt environmental regulators a hefty blow. Yesterday, SCOTUS struck down an EPA plan to require power plants to cut emissions. (FYI: the plan didn’t have traction anyway.) The court said that regulations with sweeping economic consequences were invalid unless OK’d by Congress. That sets a precedent that could reshape relations between companies and regulators.
Light(er) green… The ruling comes as green investment has been losing steam. After outperforming the S&P 500 in last year’s bull market, ESG (aka: environmental, social, and governance) funds have underperformed in this year’s downturn. Meanwhile, climate-ambitious companies like BlackRock and Volkswagen have scaled back their sustainability goals in response to the energy crisis.
An era of deregulation may be dawning… and it goes beyond power plants. The EPA likely won’t be the last federal authority targeted by this emboldened court. Last year, SCOTUS stopped the CDC from halting pandemic evictions and prevented OSHA from mandating corporate vaxxes. With regulators hobbled and Congress stuck, corporations could push for a rollback of other profit-curbing rules.