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United States

US Supreme Court Says EPA Can't Regulate Carbon Pollution Under Clean Air Act (techcrunch.com) 321

The U.S. Supreme Court today ruled that the Environmental Protection Agency does not have the authority to regulate carbon pollution from existing power plants. From a report: The 6-3 decision, with the three liberal justices dissenting, makes it increasingly likely that an act of Congress will be required to create regulations to rein in planet-warming emissions. "Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan," Chief Justice John Roberts wrote in the majority opinion, which was joined by the five other conservative justices on the bench. "On EPA's view of Section 111(d), Congress implicitly tasked it, and it alone, with balancing the many vital considerations of national policy implicated in the basic regulation of how Americans get their energy," Roberts wrote. "There is little reason to think Congress did so." In instances like this, he said, "[a] decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body"
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US Supreme Court Says EPA Can't Regulate Carbon Pollution Under Clean Air Act

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  • not exactly (Score:5, Informative)

    by nomadic ( 141991 ) <`nomadicworld' `at' `gmail.com'> on Thursday June 30, 2022 @11:30AM (#62662334) Homepage

    It actually says Congress did not delegate the authority to regulate greenhouse gas emissions through a generation-shifting approach using section 111(d) of the Act. It's a much narrower holding that I thought we would be getting.

    • Re: (Score:3, Interesting)

      by MobyDisk ( 75490 )

      Doesn't that make the first line of the Slashdot summary completely wrong?

      The U.S. Supreme Court today ruled that the Environmental Protection Agency does not have the authority to regulate carbon pollution from existing power plants.

      It sounds like regulating existing power plants is the only thing the EPA can do. They cannot require them to be replaced with other kinds of plants.

      • > Doesn't that make the first line of the Slashdot summary completely wrong?

        That's generally the case. At least in stories related to law and suits, where I read the actual bill or court decision. Sometimes, the headline and first sentence isn't "completely wrong", just "very misleading".

    • Re:not exactly (Score:5, Insightful)

      by splutty ( 43475 ) on Thursday June 30, 2022 @12:22PM (#62662512)

      You could argue that in the current climate (non atmospheric) kicking the ball back to Congress is as good as just nixing things completely, though.

      • by Shaitan ( 22585 )

        Maybe but considerations like that are supposed to be out-of-scope for the Supreme court. It doesn't actually matter what impact the ruling has unless that impact itself would contradict or undermine the law. Considering the impact is left to the legislators and in some instances prosecutors and juries exercising nullification.

      • It's refreshing having a body of government that seeks to give itself less power.
    • It's an interesting decision, as this is the first time the Court has ever used the so-called "major decisions doctrine" where they basically say that the regulation being imposed is a big enough question that it should be granted to the enacting agency through explicit Congressional action, rather than the existing Congressional action that created the agency, or delegated general authority to the agency.

      The net effect is that it kicks the can back to Congress, where nothing will happen because of politica

      • Re:not exactly (Score:5, Insightful)

        by Darinbob ( 1142669 ) on Thursday June 30, 2022 @02:54PM (#62663312)

        It's akin so saying that the FBI cannot investigate cybercrimes because congress never listed that when the FBI was first authorized.

        EPA already seems to have clear authority under the Clean Air Act to deal with greenhouse gases. Except for quibbling and lobbying from major emitters that CO2 isn't a "pollutant". The court here seems to be discarding precedent and instead insisting that there be specific authorization from congress rather than general authorization.

        This is also NOT about limited government, it's about limited federal government. Because the states pushing for this to not want to limit the power of their own state governments over their county and cities.

    • Re:not exactly (Score:5, Informative)

      by quantaman ( 517394 ) on Thursday June 30, 2022 @01:31PM (#62662864)

      It actually says Congress did not delegate the authority to regulate greenhouse gas emissions through a generation-shifting approach using section 111(d) of the Act. It's a much narrower holding that I thought we would be getting.

      Agreed, from the ruling:
      The Clean Air Act authorizes the Environmental Protection Agency to regulate power plants by setting a "standard of performance" for their emission of certain pollutants into the air. 84 Stat. 1683, 42 U. S. C. 7411(a)(1). That standard may be different for new and existing plants, but in each case it must reflect the "best system of emission reduction" that the Agency has determined to be "adequately demonstrated" for the particular category. 7411(a)(1), (b)(1), (d). For existing plants, the States then implement that requirement by issuing rules restricting emissions from sources within their borders.

      Since passage of the Act 50 years ago, EPA has exercised this authority by setting performance standards based on measures that would reduce pollution by causing plants to operate more cleanly. In 2015, however, EPA issued a new rule concluding that the "best system of emission reduction" for existing coal-fired power plants included a requirement that such facilities reduce their own production of electricity, or subsidize increased generation by natural gas, wind, or solar sources.

      The question before us is whether this broader conception of EPA's authority is within the power granted to it by the Clean Air Act.

      So the EPA is allowed to regulate carbon pollution, it's just not allowed to say a type of plant emits so much carbon that you basically need to start replacing it with something else. Based on the excerpt in question this is probably correct, the law seems to give the EPA the power to force a category of plants to run as cleanly as possible, but not to shut down a category of plants.

      The weird thing with the ruling is the 2015 EPA rule never went into effect and no one knows what the Biden administration rule will look like, so there was no real need for the court to issue this ruling in the first place.

      • Re:not exactly (Score:5, Interesting)

        by Whateverthisis ( 7004192 ) on Thursday June 30, 2022 @04:01PM (#62663518)
        I think the ruling is meant to be a shot across the bow. What the EPA did, as described in the Roberts opinion on this case, was create 3 "building blocks" of how they would implement their interpretation of the Clean Air Act. The first was similar to precedent, regulating measures that say coal plants could take to reduce emissions.

        2 and 3 though were unique. What the EPA did here was come up with, on their own, a model of what an ideal mix of power should be (coal, natural gas, renewables) based on emissions targets, and then created a set of regulations that was so hard for coal plants to hit that the providers would be forced to shift to natural gas (Block 2) or renewables (Block 3). So the real question was, did the EPA overstep it's authority by determining what the ideal power mix should be according to emissions on it's own and then impose such a heavy burden on private industry to force it to comply with their opinion?

        The court said that that kind of decision is Congress' decision, and notably that a federal agency must follow only what it explicitly is tasked to do, effectively limiting the power of bureaucracy to interpret it's mandate in whatever way it wants and increase it's own power. I worded that in a very specific way; the opinion isn't about the EPA. It's precedent for other federal agencies to watch out for that they cannot overstep their bounds and reinterpret their mandates to expand their power.

        So yes in practical terms, the ruling doesn't change much of what's happening today, but that's not the point. The audience of this opinion is every other federal agency.

  • by MikeDataLink ( 536925 ) on Thursday June 30, 2022 @11:31AM (#62662338) Homepage Journal

    Soon we'll be feeding our plants Brawndo, and getting rid of all the smart people because they offend the unintelligent people.

    • Not so much the Brawndo thing, but the other thing has already been happening for quite some time now. 'Science bad!', circular logic and 'belief' good. The special-interest groups (aka religious extremists) have been busy.
    • Welcome to Costco.

      I LOVE YOU!

  • Insane Ruling (Score:5, Insightful)

    by Ksevio ( 865461 ) on Thursday June 30, 2022 @11:35AM (#62662340) Homepage

    This is basically saying that Congress has to spell out all of the details for any bill rather than leave it to the executive branch to execute the law. It will just lead to industry lobbyists setting the standards during the legislation rather than what we have now which includes experts and public comment, not to mention new technologies and research won't be included.

    • Re:Insane Ruling (Score:5, Insightful)

      by Anonymous Crowded ( 6202674 ) on Thursday June 30, 2022 @11:39AM (#62662358)
      That was the insanity of "Originalism" before - anything the forefathers couldn't have imagined, aren't the responsibility of the constitution, so (insert dominant party's lean for result).

      For years I've had the idea that "expecting common sense" is asking too much - now it's just flat out a joke.
      • by PPH ( 736903 )

        anything the forefathers couldn't have imagined

        Yeah. That Internet thing has got to go. Won't someone please think of the children [slashdot.org]?

        Just a sec. I don't recall seeing a mention of 'children' in the Constitution.

      • Which is weird, because that idea is somewhat anti-conservative. At its core, Conservatism believes that morality is not progressive - it has always been with us and we've always known right from wrong and that many forms of progress could be at the expense of morality. The Right is constantly in fear of children being educated with new ideas and treat it as an infectious disease.

        That means that nothing fundamentally changes about humanity, so even though specific things are unforeseen the general ideolog

        • Close but not quite. It’s extremely difficult to identify any consistent moral compass in modern US conservatism. Respect for women? Sure, until Trump gets elected. Respect for life? Yeah, conservatives tend to hate abortion, but that concern does a full-stop the moment a kid exits the womb. At that point conservatives are generally fine with the death penalty, free-shooting cops, and guns guns guns everywhere you look.

          The core idea behind obamacare came from the Heritage foundation, for gods sak
          • Re: (Score:2, Informative)

            Comment removed based on user account deletion
          • Re:Insane Ruling (Score:5, Insightful)

            by jobslave ( 6255040 ) on Thursday June 30, 2022 @12:54PM (#62662656)

            Which is why I've had such a difficult time wrapping my head around how conservatives think. I am truly trying to understand "the other side", something few if any politicians on either side have done for the last 20 years. Yes, I know liberals have blind spots, but the out right hypocrisy of conservatives is extremely obvious from my point of view. I'm sure there is hypocrisy on the left, but I have a difficult time seeing it and have yet to have anyone really point out anything egregious.

            I don't see any equivalent on the left to those like Cawthorn, MGT or Lauren Boebert. Those 3 have no business running anything. Now we have that little special snowflake from Colorado claiming she's tired of "separated of church and state". Well what does she suggest? Which church (out of the 1000s) would the government follow? How about Muslim or Jewish teachings? I'm sure that will go about as far as you could throw any of those idiots. It's "christian" values or nothing in their eyes. They are not inclusive, they do not have empathy for their fellow humans unless they are like them. Notice how Clarence Thomas conveniently left out re-evaluating interracial marriage, but gay marriage and contraception rights could be looked at.

            I suppose the right would point out AOC, and a few others, but really, to me, it's the difference between people on the right not caring about people at all and AOC and the others are wanting to help people and be more inclusive. Which for some reason scares the shit out of the right. I don't understand why inclusivity and equality is so scary to them. I am a middle aged white male and I fully understand I have benefited from white privilege. If I had colored skin, my life would have been dramatically different. Again, something else the right is blind to.

            • by theCoder ( 23772 )

              Maybe part of your problem understanding the other side is that you probably look at the world as Republican vs. Democrat instead of conservative vs. liberal. I have noticed that both parties seem to pick some strange and often conflicting platforms. For example, Republicans are pro-life for unborn babies, but also support the death penalty. Democrats are against the death penalty, but have no problem with an expecting mother killing her unborn child. These are both conflicting views. Republicans would

        • Re: (Score:3, Interesting)

          If we've always known right from wrong, then the Constitution would not have had this language in it:

          Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

          That's institutional racism and slavery, which is pretty clearly not a moral stance. If morality has always been with us, and our blessed founding documents are moral in their own right, then we wouldn't have needed the various amendments that bring equality among race and gender. We wouldn't need protections against being tried for the same crime twice. We wouldn't need protections against self-incrimina

          • The important point with that is that we had a Constitutional amendment to change that.

            The idea is not that the authors of the Constitutions are infallible or that their document is perfect - it's that their meaning and intent at the time extends to the future and expands to a more complex reality unless amended.

          • Re:Insane Ruling (Score:5, Insightful)

            by alexgieg ( 948359 ) <alexgieg@gmail.com> on Thursday June 30, 2022 @01:59PM (#62663010) Homepage

            That's institutional racism and slavery, which is pretty clearly not a moral stance.

            You'd be surprised by the number of books written on how totally moral those two instances are. There are entire treatises on the topic, from the perspective of pro-racism and pro-slavery moralists, on both sides of the Atlantic, ranging a span of centuries.

            By the way, the "excluding Indians not taxed, three fifths of all other Persons" part is actually anti-racist and anti-slavery. The idea of this point is to determine the strength of each State. If non-tax-paying Native Americans, meaning all Native Americans imprisoned in reservations, and the other Persons, meaning black slaves, were counted as inhabitants, those States, meaning their slave-owners and indigenous massacrers, would have had higher representative numbers, more votes, and more power. Federal laws and regulations would have been much more of whatever Southern States wanted, and much less of what the Free States wanted. So the Free States designed that rule to reduce Southern power, making sure progressive laws had a higher chance of being approved. Pointing at it and accusing it of racism etc. misses the point epically.

    • Re: (Score:3, Insightful)

      by magzteel ( 5013587 )

      This is basically saying that Congress has to spell out all of the details for any bill rather than leave it to the executive branch to execute the law. It will just lead to industry lobbyists setting the standards during the legislation rather than what we have now which includes experts and public comment, not to mention new technologies and research won't be included.

      Yes, Congress is supposed to clearly and specifically create the laws. That's their role.
      The executive branch can't just imagine that a law that says one thing actually means another.

      • by Ksevio ( 865461 )

        No, the congress is suppose to say what we want the law to do, the executive branch is the one that works out the details of doing it.

        Imagine a bill that sets up the FDA needing to explicitly say which foods have to be safe and what they need to be safe from. "Sorry we're only allowed to require cow meat be refrigerated, nothing about deer meat - enjoy your burger!"

        • No, the congress is suppose to say what we want the law to do, the executive branch is the one that works out the details of doing it.

          Imagine a bill that sets up the FDA needing to explicitly say which foods have to be safe and what they need to be safe from. "Sorry we're only allowed to require cow meat be refrigerated, nothing about deer meat - enjoy your burger!"

          Under the laws passed by Congress the FDA actually doesn't regulate cow meat. That is regulated by the USDA.
          The FDA does regulate deer meat.

          A nice summary of the differences between the USDA and FDA is here: https://www.registrarcorp.com/... [registrarcorp.com]

          "Red Meats
          USDA is responsible for regulating cattle, sheep, swine, goats, horses, mules, and other equine, along with their carcasses and parts. These meats are exempt from the FD&C Act to the extent they are covered by the Federal Meat Inspection Act. Non-specified

          • by Ksevio ( 865461 )

            Pretty sure FDA still requires foods to be refrigerated even if they don't regulate the specific meat.

    • Having been involved in authorizations and appropriations law, trust me when I say you want Congress to be specific rather than waving their hands letting the Executive figure things out.
    • It will just lead to industry lobbyists setting the standards during the legislation rather than what we have now which includes experts and public comment

      I mean, yeah - there are experts and public comment (that can be ignored) but the lobbyists are employees of the agencies and often leaders within them. So we didn't exactly have it good before either.

    • Re:Insane Ruling (Score:5, Interesting)

      by bhcompy ( 1877290 ) on Thursday June 30, 2022 @11:53AM (#62662396)
      Wait until they apply this elsewhere. The Republicans are attacking schools in a number of states. Many of the things the ED oversees are not explicitly spelled out in the laws, rather just handled under their authorization to guide federal education policy. They'll use this ruling to dismantle the public education system
      • Re: (Score:3, Insightful)

        Last I checked, the schools are under State control, not Federal.
        • Last I checked, the schools are under State control, not Federal.

          Last I checked abortion was legal everywhere in the USA for the past 50 years. At this point I would never look to the present or the past to make any judgement of the future. The country is too fucking bat shit crazy for that.

      • Even the SPLC considers the public school system systemically racist. Why anyone - Left, Right, or center would support openly racist institutions is beyond me. If there's anything the Left and Right can agree on, it's that racism is bad, and systemic racism particularly insidious.

        The Republicans are just trying to court minority voters, who have traditionally voted democrat. Pointing out that even left-leaning organizations use terms like "school to prison pipeline" to describe the public school syst

    • by DarkOx ( 621550 )

      No it does not say that - that would be a repeal of Cevron - which this isn't.

      Its saying congress has to be a little more explicit about they types of rules and scope an agency has. Agencies are not free to just adopt policy on "major question" but they absolutely still can set the policy on major question.

      If Congress Amends the Clean Air Act tomorrow with "and the EPA shall have the authority to establish standards for green house gas emissions." then the EPA can still ON ITS OWN WITHOUT GOING BACK TO CON

      • by Ksevio ( 865461 )

        This is what the Clean Act was made for. Congress didn't say "we want clean air, unless it's too inconvenient for coal companies"

      • by jythie ( 914043 )
        A key point though is what is a 'major question'. SCOTUS basicly ruled that something is a major question if industry doesn't like the regulation and buys enough astroturf. It takes questions out of the hands of experts and puts them into the hands of easily bought feelings of laymen.
      • Re:Insane Ruling (Score:5, Informative)

        by lexman098 ( 1983842 ) on Thursday June 30, 2022 @01:02PM (#62662716)

        If Congress Amends the Clean Air Act tomorrow with "and the EPA shall have the authority to establish standards for green house gas emissions." then the EPA can still ON ITS OWN WITHOUT GOING BACK TO CONGRESS, decide how much and what types of greenhouse gasses industry is allowed to emit.

        They don't have to amend it.

        "any air pollutant" being substance or matter which is emitted into or otherwise enters the ambient air. [cornell.edu]

        It should not work that way.

        Says you. Congress said otherwise.

        The EPA should have to suggest a set of standards and congress should have to then enact it

        So the executive branch can't do anything that wasn't *specifically* written by congress, and if they see a need for action (immediate or otherwise), they have to beg congress to pass a law granting authority for that specific action? Nothing would ever get done even if congress wasn't gridlocked. The SEC would effectively be helpless to prosecute novel schemes for insider trading etc.

    • Re:Insane Ruling (Score:5, Insightful)

      by GameboyRMH ( 1153867 ) <gameboyrmh&gmail,com> on Thursday June 30, 2022 @12:18PM (#62662476) Journal

      They also killed Roe vs. Wade by taking a big chunk out of any constitutional right to privacy. The "conservative" supreme court judges perfectly meet the definition of "partisan hacks." They're willing to maim US law with hackish bodges to implement their partisan agenda.

      Also notice how these "cautious toward change" conservatives are implementing the most rapid and radical changes the US has seen in generations over just the last couple of weeks. Just as with the Trump administration, the left can only look on with envy at the speed and magnitude of change these "conservatives" are carrying out.

      Always remember that conservatives are not cautious toward change - as with any publicly-acceptable principle they claim to have, that concept is just a partisan cudgel which can be tossed aside the moment it's no longer convenient. They are pro-aristocracy. Left vs. right in political parlance is a euphemism for democratic vs. aristocratic.

    • "This is basically saying that Congress has to spell out all of the details for any bill rather than leave it to the executive branch to execute the law."

      Good. That's their actual job.
    • It will just lead to industry lobbyists setting the standards

      They already do, why do you think a Republican stacked supreme court ruled the way it did? The reality is the legal system in the USA is broken. When the judgement of law follows political partisanship you may as well tear up the part of the constitution that defines the separation of powers of government.

  • by jacks smirking reven ( 909048 ) on Thursday June 30, 2022 @11:35AM (#62662342)

    Seriously, it's not a constitutional thing that there has to be 60 votes to pass legislation, it's only a 100 years old and it sure isn't working for us today. I don't care which party gets rid of it just do it already and let's start passing things.

    If the response is "what happens when party x gets in power then" the answer is "let them pass whatever they can get passed". 51 votes to pass legislation also means 51 votes to undo that legislation, make politicians actually put their asses on the line behind the bills they actually want to do.

    I think a side effect will actually end up being more compromises between the parties as the idea is to pass something that will survive 2 or 4 years when the opposing side takes control. Let's see how popular certain things actually are with the public when they are actually laws and not just talking points.

    • Not just that but it's dumb to think the reps won't kill it if it suits them anyway.

    • The filibuster rules have been whittled down, which is how we have the supreme court we have now. Not sure less is more here.
      • Congress 50 years ago was an entirely different animal from today. It's clear the idea of pulling 10 votes from the opposing party is near impossible for most things.

        Every state legislature operates with a simple majority for legislation why couldn't the Federal legislature do it again as it had done before.

      • The reason we have the SCOTUS we have now is because Republicans refused to let Obama pick a justice for nearly a year because it was an election year, then turned around and shoved one in after voting had already started. Neither of those things should have happened.

    • As it is, Congress does almost nothing anymore. On the one hand, that's good - fewer big mistakes happening. But now the Court is actually doing more legislating than Congress in 2022.

      • Court is actually doing more legislating

        And to me this is a problem. I don't believe of the idea of "nothing gets done is good" in the face of the SC basically telling Congress they have to do things again.

        I am not sure there is a good answer as to why a state legislature operating on a simple majority to pass doesn't cause untold issues but it would federally.

        • Right. Mistakes are far easier to clean up than inaction. You can't really fix inaction because you don't see the consequences. Especially if inaction is the default.

    • Manchin won’t do it.

      • Re: (Score:2, Insightful)

        Probably not but what's going to happen with that is as soon as there is another Republican trifecta they will not hesitate to kill it, and that will suck for awhile and they will pass some atrocious shit but at least it's done and there are real consequences to taking a majority in the Senate from then forward.

        Losing your majority means possibly losing all those laws you just passed unless they turn out to be actually effective and positive laws.

      • by leptons ( 891340 )
        Don't forget SInema, she's worse than Manchin.
    • by MobyDisk ( 75490 )

      I think a side effect will actually end up being more compromises between the parties as the idea is to pass something that will survive 2 or 4 years when the opposing side takes control.

      Did you just say that by removing the requirement of getting 10 votes from opposing parties, we will wind-up with more than 10 votes from opposing parties? That does not follow.

      • Not quite, maybe I worded it badly.

        If there is a 52-48 split in the Senate with a trifecta they can effectively pass whatever they want, but on the other hand there is the risk of losing that trifecta the next election cycle so what you want to pass is something pretty agreeable to puts stakes on the other side repealing it. If a law turns out to be effective and popular there is less incentive to just strike it down immediately.

        If there is a split with the House and Senate but you can pass with 51 it beco

    • The original idea of allowing filibusters was that the Senate should be a deliberative body, not a ruling party steamroller. The idea was that the Senate's actions should be thoroughly aired and debated, so that all sides of the issues become clear, in particular to the electorate.

      That is in distinction to the House, where essentially only one person decides what passes and what doesn't: Nancy Pelosi.

      The real problem with the cloture rule, i.e. filibuster, is that in the recent past, the powers that be in

  • by bugs2squash ( 1132591 ) on Thursday June 30, 2022 @11:52AM (#62662392)

    There is a story about a CO2 scrubber in Iceland a little farther down the feed,

    The EPA apparently CAN specify that coal plants use emission control tech, just specify that you can have a coal plant provided it emits no carbon into the atmosphere and suggest that one way to do that is available right now - just site a nuclear plant right next door to power the scrubber !

    Of course that does nothing to reduce the other poisons they spew out

  • ... NOx emissions. Also a plant food.

  • Quite consistent with the fact that global warming is not mentioned in the original US Constitution.
    • Re: (Score:3, Informative)

      Quite consistent with the fact that global warming is not mentioned in the original US Constitution.

      The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.

      The Constitution is a lot wiser than you're giving it credit for here. You're making the argument that the lack of an all-powerful centralized federal government precludes anything getting done. I disagree. The Framers

  • Are these the activist judges that republicans keep complaining about? You know the ones who ignore past precedents.

    • Are these the activist judges that republicans keep complaining about? You know the ones who ignore past precedents.

      So all prior decisions of the Supreme Court are perfect and should never be overturned? How about these:
      https://www.findlaw.com/legalb... [findlaw.com]

      African-Americans can't be citizens? It's ok to round up the Japanese? Euegenics is ok? Sodomy is banned?

      I know you can't be serious, especially about that last one.

  • Gnashing of teeth (Score:5, Insightful)

    by prisoner-of-enigma ( 535770 ) on Thursday June 30, 2022 @12:15PM (#62662462) Homepage

    While there is sure to be much gnashing of teeth about this decision, it's important to note what the Court is doing here. It's forcing Congress to do its job, namely to pass legislation to do things rather than relying on Executive Orders and/or an activist Court legislating from the bench. Regardless of where you fall on the political spectrum, this is how Congress, the Executive Branch, and the Court are supposed to function. Congress legislates according to the will of the people. The President signs/doesn't sign/vetoes using the power of the bully pulpit, and the Court makes sure the other two branches aren't doing anything beyond their legal authority.

    This is not about "getting stuff done for the environment" or "doing what is right for the planet." This is about making sure all branches of government work within the legal strictures imposed on them by the Constitution, period, full stop, end of discussion. If Congress wants something done, it can pass a law, plain and simple. If it can't muster the votes to get it done, it's not up the Court or an unelected agency to do it for them.

    • by jythie ( 914043 ) on Thursday June 30, 2022 @12:33PM (#62662560)
      The tricky bit is that congress already did its job and created the EPA to deal with these problems. All this has done is made it so congress has to do its job _again_ every time a wealthy industry disagrees with an institution.. which really is just them punting to the least effective branch of government which is ideal for industries that do not want to be regulated.
    • by Pascoea ( 968200 )

      Congress legislates according to the will of the people

      Are you sure about that? I mean, I know that's how it's supposed to work, but that doesn't mesh with what I've seen in my lifetime.

    • by Xylantiel ( 177496 ) on Thursday June 30, 2022 @12:59PM (#62662694)
      Nope, if congress is ever dissatisfied with an agency's interpretation, they can just pass a clarification. They do not need the court forcing them to do so unless the law is in conflict with another, higher law. The court's role would be if the agency actually goes against the express intent of congress, but that does not seem to be what is being said here. The reality is that this is an activist court that is just imposing their political will with transparently thin legal rationalization. They have just made up a new standard that fits their political agenda - just like they did in several other cases this term. If anything is legislating from the bench, that is. But it's not like this situation has never happened before in US history, so we'll figure it out. Deciding that Dred Scott had to remain a slave after being leased out for many years in a non-slave state, just because he didn't ask for his freedom at the right time, was a pretty low low point.
  • I propose that anyone with those insanely stupid additions to their pickup to make huge amounts of smoke park around the Supreme Court building.

  • by battingly ( 5065477 ) on Thursday June 30, 2022 @12:23PM (#62662518)
    It's race to see which branch of the federal government ends democracy in this country first.
  • The act says regulate Hazardous Emissions, given the science says CO2 will raise temperatures and make life difficult that declares it hazardous.

    The conservative justices are doing their usual "don't look up" and since they don't believe that CO2 will do anything at all, then it is not hazardous, so the the court has now done science and defined hazardous based on their ignorance the science (and pretty much ignorance of everything in the rest of the world), "corporate business is good and always does the r

  • by mspohr ( 589790 ) on Thursday June 30, 2022 @12:57PM (#62662680)

    Kagan, joined by fellow justices Stephen Breyer and Sonia Sotomayor, called the court’s decision “all the more troubling” given the subject matter.

    “Whatever else this Court may know about, it does not have a clue about how to address climate change,” Kagan wrote. “And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.”

    Kagan also called out the court for essentially designating itself as the rule-maker on those policies.

    “The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening. Respectfully, I dissent,” Kagan concluded.

    • by magzteel ( 5013587 ) on Thursday June 30, 2022 @01:11PM (#62662768)

      Kagan, joined by fellow justices Stephen Breyer and Sonia Sotomayor, called the court’s decision “all the more troubling” given the subject matter.

      “Whatever else this Court may know about, it does not have a clue about how to address climate change,” Kagan wrote. “And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.”

      Kagan also called out the court for essentially designating itself as the rule-maker on those policies.

      “The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening. Respectfully, I dissent,” Kagan concluded.

      This is why Kagan shouldn't be on the Supreme Court. She offers no constitutional basis for her argument, just feelings and drama.

      The court is not designating itself a rule-maker, it made no climate policy. The majority just said that the existing law does not support the actions that were being taken. The congress has the power to address the matter as it sees fit.

      • by skam240 ( 789197 ) on Thursday June 30, 2022 @02:19PM (#62663110)

        This is why Kagan shouldn't be on the Supreme Court. She offers no constitutional basis for her argument, just feelings and drama.

        No, she's pointing out that Congress has given adequate authorization to the EPA already. The level of minutia the majority ruling implies is necessary is ridiculous. Congress authorized the EPA to regulate pollutants and given the problems excessive CO2 emissions are likely to cause, they are certainly pollutants.

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