URGENT: The United States Supreme Court deals a massive blow to Democrats and climate alarmists in a new ruling that eviscerates their radical energy destruction agenda that began with Obama.
Published on 30.6.2022
SCOTUS overrides EPA regulations and the “Clean Air Act”.
Leftists are once again losing to justice in a new Supreme Court ruling (6-3), this time targeting the EPA’s ability to enact sweeping regulations.
Thursday’s ruling in West Virginia v. EPA has denied the EPA authority to enact greenhouse gas emissions regulations aimed at “decarbonizing” America under the Clean Air Act, because they are too broad in scope .
In the majority opinion, written by Chief Justice Roberts, he avoids the EPA being used as a non-legislative political instrument to push through a climate agenda.
Capping carbon dioxide emissions at a level that will force a country to abandon the use of coal to generate electricity may be a “reasonable solution to the crisis of the day”. New York v. United States, 505 US 144, 187 (1992). But it is implausible that Congress gave the EPA the power to enact such a regulatory regime on its own in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting under clear delegation from that representative body. The judgment of the District of Columbia Circuit Court of Appeals is set aside and the cases are remanded for retrial consistent with this opinion.
Democrats and left-wing climate alarmists have used the EPA as a means of circumventing the legislative process and the will of the people for decades, but it has amplified under Obama.
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The concurring opinion of Judge Gorsuch reads as follows:
When Congress seems slow to resolve issues, it can be natural for members of the executive branch to seek to take matters into their own hands. But the Constitution does not allow agencies to use pen-and-phone regulations as substitutes for laws passed by representatives of the people. In our Republic, [i]It is the particular competence of the legislator to prescribe general rules for the government of society. Fletcher v. Peck, 6 Cranch 87, 136 (1810). Because today’s decision helps safeguard this fundamental constitutional promise, I am happy to endorse it.
Obama’s EPA was the instigator of this type of widespread and unconstitutional use of the EPA with the “Clean Power Plan”. However, this plan was never implemented and was repealed by President Trump’s EPA. The Biden administration is currently working on its own version of the Obama-era plan, though with this SCOTUS ruling that could change.
Efforts to promote green energy may in some cases be noble, but they often unnecessarily harm the US economy and energy sector. The Democrats’ energy-killing agenda directly led to the current energy crisis, and if it continues, it can only make the situation worse.