The Supreme Court Is Preparing to Dismember the Clean Air Act

is over what counts as a “best system of emission reduction.” Obama’s EPA read the term broadly to encompass both direct limits on power plants and broader strategies to bring down overall emissions. A cap-and-trade program, for instance, doesn’t make every power plant cleaner, but it does reduce net carbon production. Increasing energy generation from renewables while decreasing generation from fossil fuels—an approach called “generation shifting”—achieves the same goal.

Most, if not all, of the conservative justices appear happy to oblige. During oral arguments, they deployed four fabricated “doctrines” or “canons” to replace the Clean Air Act’s text with a far narrower mandate. First, there’s the “clear statement rule”—the notion that, as Justice Brett Kavanaugh put it, “Congress must speak clearly if it wishes to assign an agency decisions of vast economic and political significance.” What qualifies as “vast economic and political significance”? No one knows.

, which holds that Congress acts unconstitutionally when it delegates too much power to an agency. Finally, just for good measure, there’s the “federalism canon,” which bars agencies from issuing regulations that “upend” the “federal-state balance of power.”Each of these rules was invented by conservative lawyers for the purpose of striking down regulations, even when they are authorized by Congress.

Source: Law Daily Report (lawdailyreport.net)

The single most impactful, immediate, and critical thing everyday citizens can do to slow global warming is to vote the Republican Party into permanent irrelevance. We cannot make meaningful progress with the anvil of Republicanism tied around our necks.

Good!

Do you think Kagan will be gutting the Clean Air Act?

Why use Kagans photo for this? Seriously. WTH is wrong w you?

Just incredible to me that SCOTUS could potentially rule that the ENVIRONMENTAL PROTECTION AGENCY, the agency created to in part protect the environment, CANT REGULATE CARBON EMISSIONS? The Federalist Society/Koch Bros are really getting their $$ worth. ExpandTheCourt

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