12

SCOTUS restricts EPA’s ability to regulate green house gases.

Posted by $ Markus_Katabri 1 month, 1 week ago to News
17 comments | Share | Flag

West Virginia and 18 other Republican-led states and coal companies appealed that ruling to the Supreme Court, arguing that the lower court had given the EPA too much authority to regulate emissions, even going above what Congress intended.

Writing for the majority, Chief Justice John Roberts agreed with the states that “it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme.”

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” he added.

Supreme Court
The Supreme Court decided that the EPA cannot have unlimited authority to regulate greenhouse gas emissions at power plants.

Roberts also noted that the EPA claimed to have the authority to regulate greenhouse gas emissions only after Congress declined to expand that authority through legislation.

“At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon,” the chief justice wrote. ” … Congress, however, has consistently rejected proposals to amend the Clean Air Act to create such a program. It has also declined to enact similar measures, such as a carbon tax … Given these circumstances, our precedent counsels skepticism toward EPA’s claim …”
SOURCE URL: https://nypost.com/2022/06/30/scotus-restricts-upholds-epas-ability-to-regulate-power-plants/


Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read

  • Posted by $ jbrenner 1 month, 1 week ago
    This is a big win for us ... because the next step would have been to treat humans as greenhouse gas emitters. If your ESG score was too low, well, then "Can I introduce you to one of the death panels that Sarah Palin told you would happen but we told you that it would never happen?"
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ 1 month, 1 week ago
    Do I like clean air? Sure.....preferably without a mask.

    Do I like liberal tears? You BET! Preferably with Gin.

    “Smell that? Do you SMELL that? That smell. That 6-3 smell. Nothing else in the world smells like that. It smells like.........democracy.”
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ blarman 1 month, 1 week ago
    This was long overdue. And if anyone noted Clarence Thomas' notes, he's just itching to overturn Chevron as well - which would be a MAJOR blow to the administrative state Progressives have been salivating over for a century.

    One of the biggest problems we face is that Congress has decided to stick their noses into EVERYTHING instead of focusing on the few things they should be concerned with. And then to further deflect from taking personal responsibility, they delegate their authority to all these acronym machines.

    What we really needed was a Supreme Court who said "Is this a power specifically delegated to the Federal Government? No? DENIED!"
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ Casebier 1 month, 1 week ago
    Now if we can get Trump or a like thinking President to reinstate Trump's Schedule F civil service classification and fire about 80% of the deep state that is actually running the country...
    Reply | Mark as read | Best of... | Permalink  
  • Posted by Joseph23006 1 month, 1 week ago
    The EPA and other regulatory agencies have never been really accountable to the PEOPLE. They pass down mandates with deadlines but we never hear the results of how well or bad they did, probably bad since they don't tell us. They incessantly change the targets to be met without rationale that the old one was wrong by any reason. The President says we'll have electric cars by such and such with actually having a plan to accomplish it. Emmissions should be reduced without telling us what was wrong with the old level. Congress should be the one setting the goals for the agencies to meet not the other way around!
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ jdg 1 month, 1 week ago
    If you read the actual decision, it doesn't take away EPA's authority to do anything. It merely imposes a "major questions doctrine" which means that if Congress wants to delegate important powers to an administrative agency, Congress must clearly spell out in statute that they intended to do just that.

    I was hoping that the Court would swing a much larger wrecking ball today, and perhaps even abolish entirely the Code of Federal Regulations, so that Congress itself would have to write all the laws from now on. But it's a start.

    The most telling bit of the decision was Kagan's dissent, in which she scolds her colleagues for not deferring to EPA's "experts" as she felt it was already obvious that Congress intended to do. But at least most of us understand the lesson of the past three years of Cov-idiocy, that "experts" are never to be trusted. Especially in an "emergency" if the "experts" are the ones who get to proclaim the emergency.
    Reply | Mark as read | Best of... | Permalink  

FORMATTING HELP

  • Comment hidden. Undo