EPA Administrator Michael Regan discusses Supreme Court ruling on climate change

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• Judy Woodruff:

  And let's look deeper now at the climate change ruling.

  Many environmental advocates acknowledged today the decision is the EPA — in the EPA case is a significant blow in the government's efforts to limit greenhouse gases in the near term.

  As we said, West Virginia won the case after a legal battle over the Clean Power Plan.

  First, let's hear from the Biden administration.

  Michael Regan is the EPA administrator. He joins me now from New Orleans.

  Administrator Regan, thank you very much for joining us.

  President Biden today said this decision is devastating. How much of a setback is it for your efforts to regulate greenhouse gases?

• Michael Regan, Environmental Protection Agency Administrator:

  Well, thank you for having me.

  And, listen, I am deeply disappointed in the Supreme Court's decision today, actually very frustrated. The decision does constrain what we do. But let me be clear. It doesn't take us out of the game. We still will be able to regulate climate pollution.

  And we're going to use all of the tools in our toolbox to do so. The constraint that we're seeing today just prevents us as a country from making the progress as quickly as we need to. Climate action presents an opportunity for this country to ensure global competitiveness, create jobs, lower costs for families and protect people's health and well-being, especially those who have suffered from the burden of inaction for far too long.

  And so, yes, today's action is a disappointing action. It's devastating in many ways, as the president has said, but it doesn't take us out of the game. And we're going to continue to use every tool we have to keep pace with tackling the climate crisis.

• Judy Woodruff:

  Well, the analysts, the experts that we are talking to, Administrator Regan, are saying, yes, it does give you some options, but every option out there from now on is both more cumbersome and more expensive for the government.

  So, from that standpoint, how much of a setback is this?

• Michael Regan:

  Well we pride ourselves and keeping pace with the growing economy and technological advancements. And so this does constrain the innovation that we could see from the power sector itself.

  The constraints are on how we can provide the rules of the road for long-term investments by the power sector. But let's be clear. The Supreme Court has also constrained what the power sector would like to do in terms of long-term investments and the utilization of technologies and programs that could be more expensive and more flexible for the industry itself.

  And so it is a setback. And we will continue to evaluate very thoroughly what the Supreme Court actually has said today. But let's be clear. The constraint does not take EPA out of the game. And we're going to continue to use every tool in our toolbox, because it's under our legal authority and it's our obligation to protect communities, reduce pollution that is driving climate change, and provide certainty and transparency for the energy sector to grow the clean energy economy.

• Judy Woodruff:

  Well, can you give us a couple of examples of the kinds of tools that you believe you still can use to regulate this industry?

• Michael Regan:

  Well, one tool that we will continue to look at is the authority that was in question with the Supreme Court.

  Again, that tool is still available. We have just lost some flexibility there. But we also have a suite of regulations that are facing the power sector. And so, as we couple the regulation of climate pollution with the regulation of health-based pollution, we are providing the power sector with a very clear picture of what regulations they're facing, so that they can make the right investment decisions.

  And we're hoping that, when they look at the regulation of waste and discharges in water, climate pollution, health-based pollution, they will see that it's not worth investing in the past and they will continue to do what they're doing now, which is invest in the future.

  And that future is a clean energy economy.

• Judy Woodruff:

  Let me ask you also about just the course of what the court has ruled. Now that you are looking at a majority conservative court, how much does that concern you in terms of steps that EPA may take in the future that are most likely to be challenged, either by state — by the states, by state attorneys genera, or others who oppose these efforts by the government to impose some regulation?

• Michael Regan:

  You know, it really forces us to contemplate how we move forward as quickly as possible, recognizing that some flexibilities have been taken from us.

  And so it does impede the progress. But it does not prevent us from continuing to make progress. And so we will have to be vigilant in terms of focusing on climate change pollution. We will also have to continue to do what the president has asked us to do, which is partner with every single Cabinet agency and leverage all of the actions as a whole of government.

  We have got some opportunities ahead of us. This is a setback, deeply disappointing, frustrating, to a certain extent. But, again, we're going to use every tool in the toolbox that we have to set and implement environmental standards that meet our obligation to protect all people and all communities from environmental harm.

• Judy Woodruff:

  Mr. Administrator, I'm about to talk with the attorney general for the state of West Virginia, which was instrumental in bringing this case to the Supreme Court.

  What would you say to him something that you hope that he and others who brought this case would be willing to look at as a way for the government to make sure that these plants are operating in the cleanest possible way?

• Michael Regan:

  You know, I would say that the markets have already spoken.

  And when you look at the regulation that was in question that never took place that the Supreme Court evaluated, the goals of that regulation were met and exceeded years and years ago. And so there's proof that the market is already moving in this direction. And it's our obligation as the government to be able to provide some certainty, so that they can make longer-term investments.

  And so we will continue to work hard to provide that certainty, so that the power sector can continue to make long-term investments in a clean energy economy.

• Judy Woodruff:

  Administrator Michael Regan of the EPA, thank you so much for joining us. We appreciate it.

• Michael Regan:

  Thank you for having me.

• Judy Woodruff:

  And, as we said, 19 Republican-led states were a part of the legal challenge to the EPA.