Skip to comments.Supreme Court declines to hear appeal in greenhouse gas case ruled on by Kavanaugh
Posted on 10/09/2018 11:42:07 AM PDT by yesthatjallen
The Supreme Court on Tuesday declined to take up a lawsuit challenging a lower court ruling written by Justice Brett Kavanaugh when he was a judge on the D.C. Circuit Court of Appeals.
The decision to pass on the case, announced during Kavanaughs first day as an associate justice, means the Supreme Court will not consider the lower court's August 2017 ruling that struck down an Obama-era regulation pertaining to a greenhouse gas. Kavanaugh did not participate in the Supreme Court's decision on whether to take up the case.
Kavanaugh authored the ruling that overturned the Environmental Protection Agency (EPA) rule on hydrofluorocarbons (HFC), commonly found in air conditioners and refrigerators. He argued that the federal government did not have the jurisdiction to regulate the gas under the Clean Air Act. Kavanaugh likely would have recused himself from this case. Justices routinely recuse themselves from participating in cases they previously heard or worked on in the lower courts.
Environmentalist groups sought to appeal the lower courts ruling and reinstate the 2016 regulation. But the Trump administration in August asked the Supreme Court to abandon not to take up the case since it was planning to submit a new HFC rule.
Coming only a day after the worlds leading climate scientists called for urgent action to curb dangerous carbon pollution, the courts decision lets irresponsible companies to continue harming our planet even though safer alternatives exist," said David Doniger, an attorney and Senior Strategic Director of the Climate and Clean Energy Program at the Natural Resources Defense Council.
Thankfully, states are stepping up. Four already have committed to curbing HFCs, and more are expected soon to follow the leadership of California, New York, Maryland, and Connecticut.
EPA said the proposed rule, rolled out in September, is based off the agencys determination that the previous rule exceeded its statutory authority by extending a refrigerant management requirement meant for ozone depleting substitutes to the gas, which does not contribute to ozone depletion.
The agency added that the new rule does not affect current requirements for other ozone-depleting refrigerants.
Hahahhaha! This is going to drive the left bonkers...
I’ll believe environmentalist and leftist are serious about global warming being a problem when they start pushing nuclear power plants and less on regulations, CO2 taxes, solar and wind. Nuclear solves all the problems (if it exists), is good cheap energy, etc.
Why is this in the news?
And, they cut their own carbon footprints to below average levels.
They’ll go full retard when Roe V Wade is resurrected...
I really think it is terrible journalism when they fail to mention that the Supreme court refuses to hear 97% of cases presented to them for appeal.
Pertinent, to understand the origins of the HFC BS.
Chalk up one.
I must have missed that part of the Constitution that says that the NRDC and not Congress has the right to write environmental legislation.
Championing godlessness will not help that happen.
No true at all. There is nuclear waste that must be dealt with. But that is not the issue. It's economics. By the time you build a Nuclear plant it cannot product enough power to pay for itself.
A Nuclear plant requires 1200 (approx.) people or more to run it. A Cogen plant burning natural gas can be run with 3 shifts of 3-4 workers.
Natural Resources Dufuss Council?
Bonkers,already beyond that.Whats the term for more than bonkers ?
What a fantastic start!
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