Posted on 07/03/2022 3:20:26 PM PDT by T Ruth
Justice Elena Kagan begins her West Virginia v. EPA dissent by appealing not to the Constitution or precedent but to an imagined future of 4.6 million annual heat-related deaths, stronger hurricanes, drought, and other calamities familiar to connoisseurs of the disaster-film genre.
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West Virginia v. EPA challenged the federal agency on its decision to drastically reduce coal emissions by forcing plants relying on it to either suppress production of electricity, invest in cleaner energy facilities, or pay the government through a cap-and-trade scheme.
“EPA’s own modeling concluded that the rule would entail billions of dollars in compliance costs (to be paid in the form of higher energy prices), require the retirement of dozens of coal-fired plants, and eliminate tens of thousands of jobs across various sectors,” the court’s decision explains. ...
This necessarily makes the regulation subject to the “major questions doctrine,” according to the majority.
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That doctrine, though, seems too tepid rather than too bold. Why restrain unelected bureaucrats seeking to assume the role of legislators only when their freelance rule-making involves billions of dollars or tens of thousands of jobs?
“At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon,” the John Roberts–authored decision points out. “Congress, however, has consistently rejected proposals to amend the Clean Air Act to create such a program.”
Where does a government agency, let alone one created by executive fiat, derive the authority to create law, let alone law contrary to the will of Congress? The authorization certainly did not come from the Constitution.
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(Excerpt) Read more at spectator.org ...
Along with the others it and they are a good start.
I know the fubocare decision is not popular here, but it did contain a few gold nuggets, one of which was the elimination of unfunded government mandates.
Now, if a nasty ass lawyer wanted to combine these two rulings......
Could bankrupt the EPA...
No one can ever look for socialist justices to ever base any of their arguments on any proper constitutional basis. They despise the constitution.
They cite feelings, guesses, wishes, lies, amd try to invent constitutional reasons that GET SLAPPED DOWN...
It was a velvet gloved Smack Down, heard round the Green world.
Although the ruling have had an underlying theme.
Except in cases where the Constitution says "You may NOT..." the right of states to do as they wish is upheld. Even if it is bad or stupid stuff.
Which to me is quite significant.
One size does not fit all.
We now need a case to break the Wickard v. Filburn decision.
It too was decided on a magical reading of the Constitution.
Hear, hear!
Can’t wait to see how Kunta Kenta’s sister rules on cases
They shut down the largest coal fired plant in the West, the Navajo power plant, because, the power was too expensive!
Not really, coal is still the cheapest energy source, but they loaded them with so many EPA rules and mandates, that eventually coal was more expensive than solar! Incredible!
BTW the plant and associated coal mine and railroad provided 50% of Navajo nation income and 80% of Hopi Nation income.
Most of the jobs were Natives from Navajo and Hopi reservations. Thanks Obama!
It cost then billions to shut down the plant.
They successfully retrained one employee for IT job!!!
We can dream.
SCOTUS found the EPA doesn’t have the authority. BranDUHn’s EPA don’t care what SCOTUS said thus will simply ignore the ruling.
we already know
That is a fear. While it is a fantastic precedent, will each and every reg need someone with standing to file suit? Will the lawyers be the only real winners?
They can sue as much as they want. Guess who WON’T run out of money.....😠
no
Where does a government agency, let alone one created by executive fiat, derive the authority to create law, let alone law contrary to the will of Congress? The authorization certainly did not come from the Constitution.
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It came from Dirty Ticks Noxious Nixon.
Or time ...
Is she a justice to uphold the constitution or is she simply a political hack?
Trust me. When backed into a judicial corner the Left will ignore the floor plan. Heads must roll.
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