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


Posted originally on the conservative tree house June 30, 2022 | Sundance 

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.

New York Post – The Supreme Court rolled back the Environmental Protection Agency’s authority to regulate greenhouse gas emissions from power plants Thursday, dealing a massive blow to the Biden administration’s plans to fight climate change.

The 6-3 decision overturned a lower court ruling that gave the federal agency virtually unlimited regulatory powers through the Clean Air Act. […] Writing for the majority, Chief Justice John Roberts agreed with the states that “it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme.”

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” he added.

Roberts also noted that the EPA claimed to have the authority to regulate greenhouse gas emissions only after Congress declined to expand that authority through legislation.

“At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon,” the chief justice wrote. ” … Congress, however,  has consistently rejected proposals to amend the Clean Air Act to create such a program. It has also declined to enact similar measures, such as a carbon tax … Given these circumstances, our precedent counsels skepticism toward EPA’s claim …” (read more)

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