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Supreme Court limits EPA’s power to cut emissions

bbc.com

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Re: Supreme Court limits EPA’s power to cut emissions

#21

Post by Arrath »

WillPostForFood wrote: post #16
Victerius wrote: post #9

I don't know how I should react to this news. I can imagine every argument: "EPA regulations were inconsequential in GHG emission reductions in the US during the last 20 years" "This decision could doom humanity" "An excess of environmental regulations is accelerating climate change, scientists find" "Experts say the private sector will continue to seek emissions efficiencies on its own, regardless of environmental r…

"If you want to regulate greenhouse gasses, we have a legislature that can regulate greenhouse gasses"

But first they need to....you know, legislate.

Re: Supreme Court limits EPA’s power to cut emissions

#23

Post by karaterobot »

jeffbee wrote: post #18
biggieshellz wrote: post #6

Major questions doctrine. They ruled that the current law does not empower EPA to require producers to shift generation to different methods (e.g. natural gas, renewables), and that if Congress had meant for the law to do that, they would have written it explicitly. Congress can still pass a law empowering EPA to regulate greenhouse gas emissions.

Ah yes, but that would require Congress to actually do something, which hasn't happened in the last 18 months so we shouldn't expect it to start. Congress could have mooted this case with ordinary statutory procedures at any point, but did not.

But they probably should, and I hope this will get them to do it.

Re: Supreme Court limits EPA’s power to cut emissions

#24

Post by gumby »

What’s interesting about this ruling (if you listened to the oral arguments and read the ruling) is that it appears to undercut the ability for any executive agency to make a rule, under them claim that congress cannot delegate its powers.

So the FAA can’t determine and then require that aircraft have transponders. Congress has to do this.

If they continue down this path it will be chaos.

Re: Supreme Court limits EPA’s power to cut emissions

#26

Post by brodouevencode »

biggieshellz wrote: post #6

Major questions doctrine. They ruled that the current law does not empower EPA to require producers to shift generation to different methods (e.g. natural gas, renewables), and that if Congress had meant for the law to do that, they would have written it explicitly. Congress can still pass a law empowering EPA to regulate greenhouse gas emissions.

This is as much a blow to chevron deference than anything. This is a good thing.

Re: Supreme Court limits EPA’s power to cut emissions

#27

Post by ericmay »

itslennysfault wrote: post #7

These guys are on a roll. Yesterday was giving states legal rights over indigenous nations. Today this. I was already planning to expat soon, but this all makes me want to try to hurry that timeline. Sorry to those of you that are stuck in this hellscape.

I'd like to caution other people who are feeling despondent and thinking of leaving that this is exactly what they want. They want you to give them your homes, your relationships, your friends, your resources, your job and everything you've cared about.

So instead of being cynical and celebrating people who are abandoning ship, which I totally understand, we should instead spend time uniting people in opposition. Stay where you are and fight. It's your country. It's mind-blowing that people won't engage in trying to actually do something, even something as simple as helping a campaign, or donating money, but instead they're like "well I'm going to just give up and spend all this time and effort moving to some other country where I also won't uphold any civic responsibility". Madness.

Re: Supreme Court limits EPA’s power to cut emissions

#28

Post by hnrodey »

qalmakka wrote: post #14

The fact that people can't see that the conservatives are basically advocating worldwide for short term economic growth in exchange for basically our future is appalling to me. I am afraid we will see an immense amount of instability, increased poverty, mass migrations and authoritarian regimes rising up due to the fact that we couldn't manage to convince people that those parties do not care about them. In a previou…

The Supreme Court is focused on laws, not outcomes - as it should be.

Re: Supreme Court limits EPA’s power to cut emissions

#29

Post by xthrowawayxx »

jeffbee wrote: post #18
biggieshellz wrote: post #6

Major questions doctrine. They ruled that the current law does not empower EPA to require producers to shift generation to different methods (e.g. natural gas, renewables), and that if Congress had meant for the law to do that, they would have written it explicitly. Congress can still pass a law empowering EPA to regulate greenhouse gas emissions.

Ah yes, but that would require Congress to actually do something, which hasn't happened in the last 18 months so we shouldn't expect it to start. Congress could have mooted this case with ordinary statutory procedures at any point, but did not.

I think a good thing that laws can't pass without sufficient consensus. If you can bypass consensus for the greater good then so can the other side.

Re: Supreme Court limits EPA’s power to cut emissions

#30

Post by bpodgursky »

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses).

Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

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