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Supreme Court Seems Skeptical of EPA's 'Good Neighbor' Rule on Power Plant Pollution (apnews.com) 98

The Supreme Court's conservative majority seemed skeptical Wednesday as the Environmental Protection Agency sought to continue enforcing an anti-air-pollution rule in 11 states while separate legal challenges proceed around the country. From a report: The EPA's "good neighbor" rule is intended to restrict smokestack emissions from power plants and other industrial sources that burden downwind areas with smog-causing pollution. Three energy-producing states -- Ohio, Indiana and West Virginia -- challenged the rule, along with the steel industry and other groups, calling it costly and ineffective. The rule is on hold in a dozen states because of the court challenges.

The Supreme Court, with a 6-3 conservative majority, has increasingly reined in the powers of federal agencies, including the EPA, in recent years. The justices have restricted EPA's authority to fight air and water pollution -- including a landmark 2022 ruling that limited EPA's authority to regulate carbon dioxide emissions from power plants that contribute to global warming. The court also shot down a vaccine mandate and blocked President Joe Biden's student loan forgiveness program.

The court is currently weighing whether to overturn its 40-year-old Chevron decision, which has been the basis for upholding a wide range of regulations on public health, workplace safety and consumer protections. A lawyer for the EPA said the "good neighbor" rule was important to protect downwind states that receive unwanted air pollution from other states. Besides the potential health impacts, the states face their own federal deadlines to ensure clean air, said Deputy U.S. Solicitor General Malcolm Stewart, representing the EPA.

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Supreme Court Seems Skeptical of EPA's 'Good Neighbor' Rule on Power Plant Pollution

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  • by drblunt ( 606487 ) on Thursday February 22, 2024 @03:44PM (#64260890)
    Can't wait to fully input their decision into my lungs.
    • Re: (Score:3, Funny)

      Clarence Thomas will just drive his free luxury RV upwind of all the pollution.

  • by ArchieBunker ( 132337 ) on Thursday February 22, 2024 @04:05PM (#64260938)

    Looking forward to leaded gasoline again and those pesky catalytic converters that are always getting stolen. I'm grateful for the EPA so the country no longer resembles 1940s Pittsburgh. https://www.bloomberg.com/news... [bloomberg.com]

  • People were warned that a vote for Trump meant he'd be getting those lifetime SCOTUS seat appointments. This comic [condenaststore.com] could just as well be recaptioned to read "Yes, the planet got destroyed, but her emails."

    I guess you could technically place the blame on our archaic system for electing the president, because enough Americans actually did have the good sense to hold their nose (yes, I'll completely admit it, Hillary was not a likable person) and vote for the candidate who wanted to preserve environmental pro

    • They're too busy investigating Hunter Biden.

      Alexander Smirnov, a longtime FBI informant with ties to Ukraine, had claimed to have proof of Biden and his son Hunter accepting bribes from a Ukrainian oligarch. Republicans repeatedly touted Smirnov’s claims in their quest to impeach the president. But last week, the Justice Department announced that it was charging Smirnov with making a false statement and creating a false record related to the bribery allegation.

      Now, in a detention memo filed Tuesday, t

    • America voted for Hilary Clinton. The Electoral College picked Trump.

      As for the Senate, McConnell stonewalled 2 seats using procedural moves. Nobody voted for that.

      Now, thanks to some crap McConnell did around the Filibuster if the Dems hold the Senate they will most likely take back SCOTUS. That's because Thomas & Alito are both highly vulnerable (well over 70, both can and should be criminally investigated, both would likely retire rather than let a criminal investigation interfere with their
      • Re:Not true (Score:5, Insightful)

        by Powercntrl ( 458442 ) on Thursday February 22, 2024 @05:00PM (#64261092) Homepage

        As for the Senate, McConnell stonewalled 2 seats using procedural moves. Nobody voted for that.

        The electorate in Kentucky voted for that.

        • The electorate in Kentucky voted for that.

          Maybe, or more likely with US politics, they didn't vote for whatever another person proposed and was perceived as worse.
          Politics especially in the USA is about choosing the perceived least worst thing. You vote for the person you hate least to represent you, and then pray at night that they don't do something you don't like.

          This isn't Switzerland. No one is voting on specific issues, so yes literally no one in Kentucky voted for that... except McConnell.

          • Hilary won the majority of votes. We have a system that gives extra representation to rural minorities in order to maintain our class system. It goes all the way back to the founding of our country. The "founding fathers" were all wealthy, rural landowners...
        • the voters that the ruling class in Kentucky allowed to vote did.

          Voter suppression is a hell of a drug, and politicians like McConnell pick their voters, not the other way around.
    • You mean the archaic system of proportional representation that we've got? I thought you lefties love proportional representation?
      • You mean the archaic system of proportional representation that we've got? I thought you lefties love proportional representation?

        Please find me a legitimate poll where the majority of Americans are actually okay with the environment being trashed. Hell, even among the folks who think it's okay, they'd almost certainly change their tune and go all NIMBY the moment the pollution actually starts pouring through their faucets.

      • No, they only want representation for liberals and illegals.

  • by Anonymous Coward

    Let them self-regulate their emissions! #trump2024

  • by El Fantasmo ( 1057616 ) on Thursday February 22, 2024 @04:19PM (#64260972)

    Congress: We give the EPA broad authority to regulate pollutants because we can't keep up with how fast companies make new ways to pollute.

    EPA: Thank you congress for a sensible mandate.

    SCOTUS: That power is to broad because companies can't make enough money polluting in new ways and it cost them a lot in lawyer fees and process design. It's too uncertain how they can continue to pollute and make money. OVER RULED!

    Corporate America: Thank you Mitch McConnel! Oh, and I guess Donald Trump too.

    I thought legislating from the bench was the GPOs biggest feat under President Obama, besides the obvious reasons.

    • by dgatwood ( 11270 )

      I thought legislating from the bench was the GPOs biggest feat under President Obama, besides the obvious reasons.

      Assuming you meant "fear".

      Democrats and Republicans agree: Legislating from the bench is only bad if somebody else does it in ways that we don't like.

    • Corporate America: Thank you Mitch McConnel! Oh, and I guess Donald Trump too.

      Elections have consequences. Remember that the EPA was created by a law passed by Congress then signed by a Republican POTUS, all of whom were elected to office by popular vote.

      If Congress was truly concerned about air quality then they'd change the laws that have effectively banned new construction of nuclear power plants. It's obviously more complicated than that but it is certainly acts of Congress that kept new nuclear power plant construction to a mere handful in the last 40 to 50 years. The combine

    • I thought legislating from the bench was the GPOs biggest feat under President Obama, besides the obvious reasons.

      It is just a symptom of a deep rot. They have won. There is not enough integrity to win against corruption anymore. The looting of the Savings and Loan system was the lynchpin. We are so fucked as a society.

  • Easy solution (Score:2, Insightful)

    by christoban ( 3028573 )

    Put it in law. This sort of regulatory vagueness is just Congress not wanting to be held responsible for doing their job.

    • by gtall ( 79522 )

      Not really. The problem, as someone above alluded to, is that companies discover new ways to pollute faster than Congress can legislate...not that Republicans ever found pollution they couldn't tolerate as long as it was in those "other" places. And the amount of technical expertise required and how fast it changes is well-beyond Congress. Congress is mainly composed of lawyers, it isn't as though they have any scientific chops.

      Also dropping it on Congress just gives companies a financial target for their c

      • Ah, those big, bad Repubwicans again!

      • The EPA was signed into law by a republican president, so the first half of your comment is ill-informed at best.

        As, really, is the second part. Sure, companies can bribe elected officials who have to answer to their electorates. So... let's move the authority to unelected officials who don't have to answer to anyone much? Sure, that makes sense...

    • Re: (Score:2, Insightful)

      by Brett Buck ( 811747 )

      Exactly correct. Using TLAs to spew endless "laws" (under the guise of regulations) and thereby isolating politicians from the electoral consequences of their decisions is unequivocally against the founders intent,

      Having Congress have to pass each laws specifically was intended to prevent endless regulatory spew. The effect has been to create what in other countries is the "civil servant" class, which actually runs everything, with politicians being trensient figureheads

      • Re: (Score:2, Interesting)

        The framers of the Constitution also lived in a pre-industrialized world, pre full auto guns, pre atomic etc. This is not abdication of responsibility, it's congress knowing it can't act fast enough and putting the power where it needs to be, just what the framers would have wanted.

        I'm OK with courts striking down particular enforcement actions, but not gutting agencies simply because they can respond too quickly to potential harm.

        • Yes, that has always been the excuse, congress is either not knowledgable enough or not fast enough.

            Of course, that *was the intent* - to prevent an unelected shadow government with almost no restraints run the country.

          • by jsonn ( 792303 )
            You know that argument cuts both ways. If congress had a problem with the EPA regulations, they could create a law to override it. Wait, the GOP doesn't actual want to get their act together either?
        • If you want something non-trivial changed, Congress should be forced to pass that into law. That means you have to compromise and pass laws. Saying "but passing laws is hard!" is an excuse for them to not pass laws in general. And it's just more power in the hands of unelected bureaucrats.

    • You say easy...you realize we're talking about Congress here, right?

      Yeah, it's the solution, but not at all easy.

    • Put it in law. This sort of regulatory vagueness is just Congress not wanting to be held responsible for doing their job.

      Congress not wanting to be held responsible for doing their job? Congress doesn't have a job anymore. They have a building they go to to make public spectacles. Not a damn one of them seems to understand what the job is actually supposed to be. It's a completely broken system, and the people stuck in Congress need to all be booted on their asses for allowing this stagnation of stupidity to continue for as long as it has. And yes, I mean every god damned one of them. Well-intentioned or not, if they're a par

    • Put it in law.

      There are many things that are "easy" in the world. Passing legislation in the current US government isn't one of them. Shit they can't even pass legislation both sides agreed to one day without it failing the next. They are too busy fighting like grade schoolers.

      • It was specifically designed to be hard to pass shit.

        It's a feature, not a defect.

        • What was designed (and what has happened the past several hundred years) and what is happening now are like comparing cheese to chalk made of dried shit. No one designed the system to be quite as dysfunctional as it currently is.

    • Put it in law.

      Moron! Absolute moron! Why do you think the EPA was created rather than a series of laws? The law is too rigid and slow to protect the people against rapidly advancing technologies that discover new ways to pollute and to detect pollution.

      Stop knee-jerking laws or you will cause the entire system to fail.

      (the naivete of youth is ... problematic at times)

  • Solution (Score:4, Insightful)

    by dskoll ( 99328 ) on Thursday February 22, 2024 @04:52PM (#64261070) Homepage

    Put some chimneys upwind of the Supremes' residences and see what they think.

  • by hdyoung ( 5182939 ) on Thursday February 22, 2024 @05:17PM (#64261112)
    first off, let me state that the specific issues at hand here are absolutely idiotic. This lawsuit is about the god-given right of coal plants to spew mercury and radiation into the air that everyone within a 50 mile radius can then suck down 24 hours per day. Without scrubbers, coal burning plants are absolutely f&*kin nasty. Don't take my snowflake word for it - go ahead and look it up for yourself. Clearly, this is what the framers of the constitution wanted, amirite?

    That being said, in the larger picture, I think that I'm ok with this supreme court implementing the traditional-conservative agenda of drastically limiting the power of the executive branch. I mean, my feelings about the current guy are "kinda ok but meh" and I'd like him to get more done. But remember the dumpster fire who was in the white house last term? The same guy who has a serious shot about getting back into the oval office next term and acts like the love child of a tinpot dictator crossed and a special needs kid?

    Yeeaaah, I really want some insurance in place so that guy can't freely implement his agenda.

    It's way more important to limit executive power than to facilitate the agenda of the current guy.

    I'm 100% behind the supreme courts efforts to put handcuffs on the POTUS. It'll keep us from getting stuff done, but it's far more important to limit the damage from the next guy that could be SERIOUSLY unhinged.
    • You appear to have great fail in this Supreme Court's commitment to not being hypocrites.
    • Dude, I saw the skies over Los Angeles in the 70s. I saw rivers on fire in the eastern part of the country. I have seen entire communities plagued with cancers.

      FUCK YOU! Rivers. Actual fucking rivers of water. On fire. Just no. Absolutely fucking NO.

      • Then congress can pass a LAW to stop it. Giving some unelected political appointee the power to dictate law was always a stopgap measure that only works as long as the US voters were putting competent people in the Oval Office. But the recent record on that is looking pretty poor. The Supreme Court should put some handcuffs on executive power before the voters install a guy who makes 2016-2020 look like an enlightened era.
  • Anyone downwind of bullsh*t should be able to sue to protect their way of life.

  • This is the EPA's motto 'Dilution is the solution to pollution' . If that don't work there is false cause, that there is no proof this chemical, in that area, and that concentration is harmful, and even if it is, there is no proven linkage to that event and my clients dying - anyone can get cancer. The sad thing is with agent orange/purple and DU munitions, they continue to act in bad faith
  • > downwind states that receive unwanted air pollution from other states

    I would really like to see some wanted air pollution.

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