Shut down the EPA with the IRS! m/r
Act Locally, Wish Globally | National Review Online
The Environmental Protection Agency has won a victory at the Supreme Court, with a solid majority of the justices, including Antonin Scalia and John Roberts, signing off on its regulation of greenhouse gases emitted by power plants and other entities already subject to its permitting process. In a separate ruling, the Court forbade the EPA from extending its scope to entities not currently under its jurisdiction based solely on expected greenhouse-gas emissions. President Barack Obama’s plan to issue a presidential fiat requiring that states reduce their greenhouse-gas emissions by 30 percent will not affected by the rulings. Justice Scalia warned the EPA not to get ahead of itself: “Our decision should not be taken as an endorsement of all aspects of EPA’s current approach,” he wrote, “nor as a free rein for any future regulatory application” of the so-called Best Available Control Technology (BACT) rules. Instead, “our narrow holding is that nothing in the statute categorically prohibits EPA” from implementing its contemplated greenhouse-gas controls.
So, a limited victory, but a victory nonetheless on the fundamental matter of using the Clean Air Act — a piece of legislation intended to fight air pollution in the form of ground-level ozone, sulfur, lead, particulate matter, and the like — to empower the agency to regulate carbon dioxide and other greenhouse gases on the theory that doing so will help prevent or reduce global warming, an issue that is separate from the questions of smog and industrial toxins that the Clean Air Act was written to address.
Do we?
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