Supreme Court Strikes Down EPA Cap and Trade Scheme for Power Plants – IOTW Report

Supreme Court Strikes Down EPA Cap and Trade Scheme for Power Plants

The Environmental Protect Agency (EPA) was attempting to restrict the energy production from coal-based power plants through a regulatory cap-and-trade scheme intended to limit the emissions from electricity plants. However, by a 6-3 vote the Supreme Court said today the Clean Air Act does not give the EPA broad authority to regulate greenhouse gas emissions from power plants. [pdf Ruling Here] The regulation -if any- must come from congress, not regulatory fiat from an executive agency. more

23 Comments on Supreme Court Strikes Down EPA Cap and Trade Scheme for Power Plants

  1. @Joe6Pak, Yes. Hopefully that can be spread across all “rulings” handed down from all of the alphabet agencies.

  2. “… the clean air act cannot give the EPA broad authority to regulate greenhouse gas emissions from power plants.” So does the same go for cdc, dept of education and any other alphabet agency?

  3. “It seems this was specifically a power plant emissions case”

    Actually I think it’s more complicated than that. I heard an attorney explain it while sitting in a Docs office for almost 2 hours this morning. This has more to do with any regulatory agency making up their own criteria/rules/laws. Not their job. That’s congresses job.

  4. A lot of laws contain in the bill a charge to a regulating agency to create and carry out regulations. But like most things .gov, the EPA is one of many agencies to go too far.

    This case involved them making regulations that could not be met and resulted in actual disruptions and material changes to National Energy Infrastructure.

    I believe most of the ‘death by a thousand cuts’ regulations are still safe.

  5. It’s about damn time. Having spent years interacting with various government agencies – local, state, and federal – their attitude is they can do what they want to until somebody stops them. Sometimes local city councils, county commissions and state legislatures will do just that. However, the attitude is just to ‘wait out the bastards and then we can go about doing what we want to once they’re out of office’. Particularly true with the EPA under Republican administrations. They just dial it back for a while knowing they will be back in business when the political winds change and Democrats are back in charge. This ruling peed in their Cheerios for sure. Great news!

  6. Wouldn’t this make all of the regulations forced on us by any gov. agency void if they weren’t passed as a law by congress?

  7. For most of my state service as a management analyst, I wrote rules and regulations from initial drafts to final filing and adoption as rules. I was not an attempt, but worked with our agency’s attorneys. We also had a joint committee of the state legislature, which revised the proposed new and amended rules to determine if the agency was exceeding statutory authority.

    We always had to cite the specific rule making authorities and the statutes being made more specific by the rules. We needed specific authority to promulgate a rule and we could only make specific rules which implemented the statutes. The statute itself might be only a few paragraphs, but we could expand to many pages for the specific process. There had to be a “map tack” from statute to rule, i.e., we couldn’t make it all up.

    We also could not list requirements with an and/or or includes but limited to provision which would be viewed as unbridled agency discretion. Of course, this also meant “shall” instead of “may” regarding agency approval.

    The stat, of course is Florida.

  8. @OldCoot, Wouldn’t this make all of the regulations forced on us… & include but not limited too Presidential mandates. They might of opened a can of worms on this one. Were going to pick & choose which ones we like, WTF.

  9. The EPA uses junk science as a basis to enact regulations (really legislation) that favor the Democrat agenda. Most of the studies they conduct start with the conclusion and work backwards from there.

  10. ^^^^^ They got caught red handed over sampling to get their desired results. That’s what brought this law suite

  11. It was nothing but legalized bribery


    How the smellocrat gov’t regulators have learned

    Cap and Trade would make the GORE family
    even unjustly more rich than they are.

  12. They already caused significant damage to the power grid. Electricity generators told me during the Obamboozle administration that the handwriting was on the wall and those who had already rebalanced fuel sources from just coal to include natural gas began adding so-called ‘renewable energy’ knowing damn well it was highly unreliable. The private generators didn’t care because building expensive new infrastructure was great especially when they were dealing with friendly state governments that love green energy. The municipals were captured by the the greenies pushing for 100% renewables by 2030. It didn’t matter that it couldn’t be done economically and reliably. A lot of clean AND PAID FOR power plants have been and are slated to close.

    Don’t get me wrong, this is a great decision but the lefties still used the lag time in the judicial process to signal change was coming and forced juice generators to make bad decisions.


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