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Supreme Court Limits Power of EPA, Other Regulatory Agencies
Wall Street Journal ^ | June 30, 2022 | Jan Wolfe

Posted on 06/30/2022 8:48:40 AM PDT by karpov

The Supreme Court on Thursday curtailed the Environmental Protection Agency’s powers to restrict greenhouse-gas emissions from power plants, in a decision that could limit the authority of government agencies to address major policy questions without congressional approval.

Elaborating on earlier decisions, the high court said federal agencies need explicit authorization from Congress to decide issues of major economic and political significance, drawing on a principle known as the “major questions doctrine.”

In his decision for the 6-3 majority, Chief Justice John Roberts said Congress never gave the EPA the authority to change the methods a power plant uses—regulations known as “generation shifting” requirements.

Chief Justice Roberts said that forcing a nationwide transition away from coal may be a “sensible” idea, but the EPA cannot do so without a clear authority from Congress.

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” the chief justice wrote, adding that the “EPA claimed to discover an unheralded power representing a transformative expansion of its regulatory authority in the vague language of a long-extant, but rarely used, statute.”

The chief justice’s opinion was joined by the court’s conservatives, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Justice Gorsuch wrote a concurring opinion that was joined by Justice Alito.

Justice Elena Kagan wrote a dissent on behalf of herself, Justice Sonia Sotomayor and Justice Stephen Breyer, whose retirement becomes effective on Thursday.

The Heritage Foundation, a conservative think tank, said the importance of the ruling cannot be overstated.

“Today, the Supreme Court has taken a major step to restore representative government and require legislators, not bureaucrats, to make the major policy decisions affecting the lives of Americans,” the group’s executive vice president, Derrick Morgan, said

(Excerpt) Read more at wsj.com ...


TOPICS: Business/Economy; Front Page News; Government; News/Current Events
KEYWORDS: climatechange; epa; globalwarming; scotus; scotusepa; seebreakingnews; supreme; ussc; winning
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To: Dead Corpse

YES!!!


21 posted on 06/30/2022 9:55:19 AM PDT by griffin (When you have to shoot, SHOOT; don't talk. -Tuco)
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To: MayflowerMadam
"Please tell me this includes the CDC which made our lives a living hell for over two years."

The answer to that question depends expressly on whatever powers have actually been conferred to the CDC via statutory law... but if I were a Constitutional lawyer, I'd certainly be checking.

22 posted on 06/30/2022 10:13:52 AM PDT by alancarp (George Orwell was an optimist.)
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To: Iron Munro

Congress intentionally avoids (evades) doing the hard work of defining the details of how laws are to be implemented.

Indeed. Congress has sloughed off any responsibility for anything other than figuring out how to win the next election.


23 posted on 06/30/2022 10:20:54 AM PDT by Flick Lives
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To: Buckeye Battle Cry

Bigger yet would be overturning Wickard v Filburn. That abomination allowed the feds to have authority over pretty much anything in the country, gutting the 10th Amendment. But I will take this (and Bruen)…it has been a good week.


24 posted on 06/30/2022 10:30:58 AM PDT by Ancesthntr (“The right to buy weapons is the right to be free.” ― A.E. Van Vogt, The Weapons Shops of Isher)
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To: Dead Corpse

Yes, THAT is why this is such a YUUUUGE decision. Same reasoning applies to all over-reaching, unelected, unaccountable bureaucracies.


25 posted on 06/30/2022 10:35:27 AM PDT by Ancesthntr (“The right to buy weapons is the right to be free.” ― A.E. Van Vogt, The Weapons Shops of Isher)
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To: karpov

another “1970xs boondoggle” crushed!!


26 posted on 06/30/2022 10:41:45 AM PDT by Terry L Smith
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To: karpov

You can now eliminate half of the EPA and substantially change it’s charter.


27 posted on 06/30/2022 10:48:08 AM PDT by dartuser
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To: V_TWIN

Hopefully a conservative buys his house when he’s gone.


28 posted on 06/30/2022 10:52:34 AM PDT by cableguymn
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To: karpov

We need to kill the regulatory state.


29 posted on 06/30/2022 10:58:34 AM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: dartuser
You can now eliminate half of the EPA and substantially change it’s charter.

Sure, but that would require a change of Congress in order to get...the...votes... Oh. That's why they're panicking.

30 posted on 06/30/2022 11:05:18 AM PDT by Billthedrill
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To: Ancesthntr
It's TIME to DownSize DC!

Restore the Constitution!Size DC!

Close entire Rogue/Un-Constitutional Departments, including their SWAT Teams.

31 posted on 06/30/2022 11:08:16 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: karpov

Now how about a ruling to get the f’n corn out of gasoline ?!


32 posted on 06/30/2022 11:22:41 AM PDT by tomkat ( SOTU = FUBAR )
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To: Buckeye Battle Cry; Ancesthntr; TBP; karpov

“No longer may unelected bureaucrats impose their will upon the citizenry absent the law making authority of Congress!”

Prior to his confirmation, Justice Gorsuch was reported to be a champion of rolling back the excesses of the Administrative State- unelected bureaucrats exercising lawmaking power.

Thanks again, President Trump!


33 posted on 06/30/2022 11:23:06 AM PDT by BeauBo
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To: gitmo
Many aspects of legitimate environmental protection cross state lines hence the door for fed level participation is opened. My problem with the EPA is that it is lawyer driven, ideologue driven.

This was not originally the dynamic. The EPA was originally strong organization of engineers and scientists tasked to Identify problems and solutions. Practical solutions were identified. Information disseminated via detailed publications containing details needed for process design and cost estimating.

I used EPA manuals published in the 1970s into 1990s as a starting point for many solutions. However, without updating these tools he came increasingly obsolete and eventually had to completely retire them. By the 2000s, the EPA had fully completed fully morphing into lawyers and paper pushers. Tech people were few in number and sort of caged up.

One time, I had a tech question went to an EPA regional office to search their library for information. It was a strange black hole on one narrow area that happened to be critical to something I was working on at the time. None of the regional “experts” could answer my “why” question and referred me to DC.

I contacted DC and got the same same dumb response. I was persistent and finally found someone in DC that was able to get me in contact with the actual scientist that put the tech info criteria together and answer my questions. Interesting telephone call. The scientist was very closely caged. All this effort got charged to the client. Probably towards $5K in billable hours to get to that 15 minute phone call.

34 posted on 06/30/2022 11:33:27 AM PDT by Hootowl99
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To: brownsfan

Biden and the Executive Branch are one in the same. So you could argue that Biden lacks authority to make major decisions unilaterally as well re: oil vs. electricity as “favored” energy source. Goodbye green new deal.


35 posted on 06/30/2022 11:38:41 AM PDT by Rowdyone (Vigilence)
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To: Buckeye Battle Cry
MUCH bigger than the Dobbs case shit-canning Roe V Wade!

Telling my BIL the same thing an hour ago.

36 posted on 06/30/2022 11:59:48 AM PDT by TangoLimaSierra (⭐⭐Public hangings will wake 'em up.⭐⭐)
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To: karpov

The Imperial Congress: Crisis in the Separation of Powers
by Gordon S. Jones (Editor)

https://www.goodreads.com/book/show/3819691-the-imperial-congress


37 posted on 06/30/2022 12:04:41 PM PDT by VRW Conspirator (Socialism should more accurately be called Sociopathism)
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To: karpov

Could this include the CDC/Fauci and their insane mandates?


38 posted on 06/30/2022 12:34:29 PM PDT by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: karpov

Now if somebody will just bring a case seeking to overturn Wickard....


39 posted on 06/30/2022 12:34:34 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Buckeye Battle Cry

Oh how I agree. This country for decades has had the thumb of unelected bureaucrats penning laws WITHOUT the authority to do so. These 20 million bureaucrats allow Congress to sit back and pad their pockets until they retire to a cushy lobbyist job.

Big win but I have been disappointed before.


40 posted on 07/01/2022 4:29:58 AM PDT by eartick (Stupidity is expecting the government that broke itself to go out and fix itself. Texan for TEXIT)
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