Guest Essays, Opinion

Guest essay: With W.Va. v. EPA, a livable future is in jeopardy

by Maura Ross

Recently, the Intergovernmental Panel on Climate Change (IPCC) released its yearly report warning of the dangers humanity faces if we fail to act quickly and reduce greenhouse gas pollution. On the exact same day as this report’s release, the United States Supreme Court heard arguments in West Virginia v. EPA — a case brought by coal executives and right-leaning politicians who want to gut the Clean Air Act and the Environmental Protection Agency’s authority to reduce carbon pollution from fossil fuel-burning power plants.

The reality is such a case could imperil the ability of our government to fight climate change, giving corporations the power to pollute freely. To many West Virginians, this is too familiar a story.

As I am a native of Shepherdstown, this case is especially important to me. For several years, I’ve joined together with my community to speak out against the construction of the Rockwool plant where we live in Jefferson County. The plant spews formaldehyde and other known carcinogens downwind towards schools and neighborhoods. From my experience protesting against this plant, I learned the importance of standing up against corporations that threaten the health and safety of our homes, communities and climate. The fight continues today as we stand up against the coal executives and others who are trying to gut the Clean Air Act, so they can poison our air and environment without facing consequences.

If the opponents of EPA action get their way and the agency is stripped of its ability to protect us from catastrophic climate change, it would erase 50 years of Clean Air Act precedent and return us to the legal framework of the pre-1970s era. Back then, the federal government had little-to-no authority to control pollution from existing power plants.

Unfortunately, these opponents are not content with stopping there. Rather, they are pushing the Supreme Court to make a far-right power grab, aiming to tear down the ability of federal agencies in general to develop policies and take action to protect our health, safety and welfare.

Even though many of the individuals pushing this attack are from West Virginia, they do not represent West Virginians. Instead, they represent the outdated industries that bend the rules in order to avoid safeguards, endangering public health in the process.

Our attorney general, Patrick Morrisey, is one of the main drivers behind this attempt to strip the EPA’s ability to fight back against the worsening climate crisis, but he does not speak for me or my community. In West Virginia, we want clean air and a safe and stable climate. We want protection for our communities. And most of all, we want our elected officials to listen to the people, not polluters.

This case is about whether or not our government has the tools to protect our communities from the climate crisis. With mounting climate disasters and scientists urging us to transition from fossil fuels, now is not the time to limit the EPA’s ability and authority to reduce carbon pollution and protect the air we breathe. The Court must uphold the law and ensure the EPA is able to battle climate change.

Here’s the reality: Every person in this country has the right to breathe clean air and grow up in a world not constantly threatened by climate-fueled disasters. With scientists repeatedly warning that time is running out to take action on climate change, the Supreme Court knows what’s at stake.

The Court can either choose to protect the Clean Air Act and our future, or protect the profits of the coal industry and right-wing politicians. I truly hope that the Court chooses to stand with science, the law and the vast majority of the American public when making its decision in this case. Our future depends on it.

Maura Ross is a member of the Sierra Club Chapter Executive Committee and the club’s webmaster.