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Supreme Court declines to hear appeal in greenhouse gas case ruled on by Kavanaugh
The Hill ^ | 10/09/18 | MIRANDA GREEN

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 Kavanaugh’s 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 court’s 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 world’s leading climate scientists called for urgent action to curb dangerous carbon pollution, the court’s 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 agency’s 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.


TOPICS: News/Current Events
KEYWORDS: dnctalkingpoint; dnctalkingpoints; globalwarminghoax; kavanaugh; mediawingofthednc; partisanmediashills; presstitutes; scotus; smearmachine
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To: yesthatjallen

I keep thinking I should buy a cylinder of R-410a and throw it in the basement. I did that many years ago with R-22 and that served me well.


21 posted on 10/09/2018 12:27:25 PM PDT by FreedomPoster (Islam delenda est)
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To: pugmama; SunkenCiv

“What a fantastic start!”

Amen!


22 posted on 10/09/2018 12:33:17 PM PDT by Arthur Wildfire! March (News and poltiicians who ignore James O'Keefe are fake and evil.)
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To: IC Ken

No, depending on the size of the plant, 150 employees or so should do it. There’s no coal and ash handling to deal.


23 posted on 10/09/2018 12:33:35 PM PDT by technically right
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To: 2banana

Yep...that’s what I was gonna’ say. On the court two days, and he’s already making a difference. Huzzah!!


24 posted on 10/09/2018 12:35:15 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: technically right

We have some smaller peak shavers locally I deal with and they do not even have 3 shifts. I doesn’t take many people to run a gas fired turbine.


25 posted on 10/09/2018 12:39:21 PM PDT by IC Ken (Stop making stupid people famous)
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To: yesthatjallen
"The Supreme Court declined to take up a lawsuit....."

How did each of the Supremes (minus Justice Kavanaugh) vote on this decision, anyone know?

Might be interesting.

Leni

26 posted on 10/09/2018 12:40:34 PM PDT by MinuteGal ( MAGA ! ! !....MAGA ! ! !....MAGA ! ! !)
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To: IC Ken
Actually, nuclear energy works just fine, if it didn't take 20+ years to get approval on the project by .gov. Nuclear energy actually has the lowest kwh cost of any energy type.

"On average, in 2011, nuclear power had the lowest electricity production costs at 2.10 cents per kilowatt hour, and petroleum had the highest at 21.56 cents per kilowatt hour."

Electric Generating Costs: A Primer

27 posted on 10/09/2018 12:43:53 PM PDT by rb22982
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To: yesthatjallen
...“Coming only a day after the world’s leading climate scientists called for urgent action to curb dangerous carbon pollution,...

These morons should be forced to work in non-heated, non-air conditioned environs!

28 posted on 10/09/2018 1:05:43 PM PDT by Road Warrior ‘04 (Boycott The NFL! Molon Labe! Oathkeeper)
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To: yesthatjallen
Starting today I will pray every day that Ruth Buzzi Ginsburg dies very soon.Not in a car accident or anything like that,I'll pray that she experiences a death far gentler than she deserves...that she dies peacefully in her sleep.

Like next week!

29 posted on 10/09/2018 1:08:55 PM PDT by Gay State Conservative (I've Never Owned Slaves...You've Never Picked Cotton.End Of "Discussion".)
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To: rb22982
I'll believe they're serious when they all take a pledge never to fly again.

Hollywood eco-celebrities, Bono, IPCC, Gore, DiCaprio, you're grounded for life!

30 posted on 10/09/2018 1:11:14 PM PDT by Mrs. Don-o (Fasure.)
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To: IC Ken

Sorry Ken
Nukes are higher capacity not peaking units.
Fuel could be re-enriched.
Maintenance is required on GTs and crews must be available to handle it.
Consider our subs; they have a thousand person crew??


31 posted on 10/09/2018 1:25:43 PM PDT by aumrl (let's keep it real Conservatives)
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To: aumrl

They aren’t building nukes or coal power plants anymore. It is all natural gas fired. Low costs and not a lot of employees to run them.


32 posted on 10/09/2018 1:44:55 PM PDT by IC Ken (Stop making stupid people famous)
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To: IC Ken

brilliant.


33 posted on 10/09/2018 2:16:43 PM PDT by MAGAthon (O)
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To: DoughtyOne

I’ll bet that there are a lot of crazy twitter posts about this, but K did not have any role in the decision.


34 posted on 10/09/2018 2:18:58 PM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe)
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To: ding_dong_daddy_from_dumas

Wouldn’t doubt it.

Hope there are.


35 posted on 10/09/2018 2:20:18 PM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 from 50% increase in 1.2183 yrs)
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To: yesthatjallen

So they phased out r22 because it was a CFC. Now, everybody is switched over to 410a and they want to outlaw it. It’s ludicrous.


36 posted on 10/09/2018 2:30:34 PM PDT by Crucial
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To: DoughtyOne

Sorry, I meant to say that K had no role in the SCOTUS decision not to hear the case. He did write an opinion on the case in the appeals court.


37 posted on 10/09/2018 2:33:33 PM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe)
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To: ding_dong_daddy_from_dumas

“The decision to pass on the case, announced during Kavanaugh’s first day as an associate justice”

FakeNewsMSM all report this story as if Kavanaugh was on the job at the time. however note what even Reuters has reported:

9 Oct: Daily Caller: Michael Bastasch: US Supreme Court Rejects Appeals Of Brett Kavanaugh Opinion Striking Down An Obama-Era Global Warming Rule
The justices privately made the decision to not rehear the case before Kavanaugh joined the high court Tuesday, Reuters reported...

However, the high court decided not to hear appeals to the HFC decision before Kavanaugh joined the court on Tuesday
https://dailycaller.com/2018/10/09/supreme-court-kavanaugh-appeals-global-warming-obama/


38 posted on 10/09/2018 2:42:38 PM PDT by MAGAthon (O)
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To: yesthatjallen

EnvironMENTALists: preferring dead elderly people and rotting food over HFCs.


39 posted on 10/09/2018 2:43:50 PM PDT by Tolerance Sucks Rocks ( The US Constitution ....... Invented by geniuses and God .... Administered by morons ......)
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To: ding_dong_daddy_from_dumas

I knew what you meant. I realized he did issue an opinion prior to this, hence the SCOTUS more or less rubber stamping his opinion.


40 posted on 10/09/2018 2:46:28 PM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 from 50% increase in 1.2183 yrs)
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