A blow has been struck against Joe Biden and his climate change agenda after the United States Supreme Court made a landmark ruling, taking away the ability of the Environmental Protection Agency to limit greenhouse gas emissions, taking the side of coal miners and Republican-led states.
Despite Biden’s small win after SCOTUS ruled that he could indeed end former President Donald Trump’s “Remain in Mexico” policy – that assured asylum seekers had to wait in Mexico until the court could hear their case – the president’s radical climate agenda has been rocked.
Authored by Justice John Roberts, the majority opinion ruled that the Democrats had overreached, and that the EPA was not authorized by Congress to reduce carbon emissions when it was first set up in 1970.
Now, the Biden administration must pass legislation if it still plans on going ahead with making changes across the board to regulate carbon emissions.
The opinion said that “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 justices added they doubted Congress intended to delegate the question of “how much coal-based generation there should be over the coming decades, to any administrative agency”.
Justice Elena Kagan, one of the three liberal Justices who agreed with her, wrote in her dissenting opinion, stating that the EPA had the authority to regulate “stationary sources” of substances that pollute the environment and are harmful to the public – adding that usual eco-warrior talking point that regulating greenhouse gas emissions was “a necessary part of any effective approach for addressing climate change”. In other words, the usual green tripe that has sent the country to the edge of a hyperinflationary commodity disaster.
“This Court has obstructed EPA’s effort from the beginning,” Kagan wrote. “The limits the majority now puts on EPA’s authority fly in the face of the statute Congress wrote.”
At the heart of the case is the disagreement on how broadly the EPA is able to interpret the 1970 Clean Air Act, specifically the sections that direct the EPA to develop emissions limitations for power plants according to a report by Financial Times:
Dubbed West Virginia vs EPA, the case was brought by a host of Republican attorneys-general and the coal industry. Their argument centers on a regulation that never took effect: an Obama-era proposal known as the Clean Power Plan, which would have mandated that power plants make 32 per cent reductions in emissions below 2005 levels by 2030. The Supreme Court ordered that rule to be suspended in 2016.
That rule was later torn up by the Trump administration in favor of its Affordable Clean Energy rule, designed to support the coal industry. The Trump administration’s regulation, however, was struck down by the US Court of Appeals for the DC Circuit last year.
Challenging the lower court’s reversal of Trump’s rule at the Supreme Court, West Virginia has argued that the Obama-era Clean Power Plan relied on an overly broad interpretation of the Clean Air Act and gave the EPA excessive and “industry transforming” power.
West Virginia argued that the lower court’s interpretation of the law granted the EPA “unbridled power” to issue significant rules that would reshape the US electricity grid and decarbonize sectors of the economy. It said the EPA should only have very limited authority to regulate emissions inside “the fence line” of power plants and cannot apply broader industry-wide measures like carbon credit trading or biomass co-firing.
Unelected bureaucrats appointed to administrative agencies based on how much they swallow, have NO “unbridled power” These SCUMBAGS work for the people under the Constitution which is the law of the land. Their made up rules, regulations & codes without Congressional authority are NULL & VOID. Congress must do it’s job based on the WILL of the people & enact laws that are voter approved. Then & Only then are the CODIFIED laws valid. Anything else is merely a suggestion or guideline that has NO legal authority.
When you look at the main Climate Change Agenda people – John Kerry flies all over the world in his “Private Jets” as not to be inconvenienced by commercial travel. Also arrives to a waiting limousine with the engine running so the interior is very comfortable. Albert Gore’s Tennessee mansion has the biggest carbon footprint of any home in Tennessee. AOC dumped her new Tesla after getting “offended” by Elon MUsk buying Twitter – such a warrior.
All I hear about is solar is the way of the future – has anyone figured out yet how many solar panels it will take to meet the energy demands of NYC for instance? And where they plan to put all of those panels? IN the mean time everyone is suffering from the historially high fuel prices.
MIke — They can take their solar panels and shove it where the sun don’t shine ! Won’t ever have any at my home. Some firefighters won’t even go up on burning roofs because of them. Biden-Harris Administration are all a bunch of egotistical and rich bureaucrats who don’t give a damn about America’s Middle or Poor Class of people. They only know how to spend, spend, spend and promote porkbelly projects for themselves and their friends only to enrich themselves ! Pay Back is a Bitch and it has already started. Big Red Wave is coming soon !!!
When you talk about roof fires I wonder how many homes have caught fire because of all of the excess heat drawn to those roofs by the solar panels. Roofs are already hot enough in the summer. Most homes have shingle, tile or metal roofs. There are still a lot – depending on which part of the country you are in that have the wood shake tile roofs. I have also wondered whne they install these huge solar farms – what is the temperature in the area surrounding all of those panels. It has to be exponentially hotter than what the normal temperature – without all of the panels – would have been. Those places are huge too. I have read that it takes millions of gallons of wtare to install them and millilions more to maintain and keep them clean. I would imagine a lot of dried out plant life around them too – a fire hazard? And if – when – those solar farms do catch on fire – what kinds of deadly – toxic fumes will they produce?
I believe in the Red & White this Independence day ! The Blue can just go and feel the wrath of the American people for all of the nonsensical, economical, death, and destruction that they have caused via their egotistical policies which are so wrong for America. Big Red Wave is a’comin and they know it !!! God Bless America !!!