US Supreme Court

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https://www.universityofcalifornia.edu/news/supreme-court-ruled-against-epa-heres-what-ucla-legal-experts-have-say

https://www.washingtontimes.com/news/2022/jul/5/supreme-courts-epa-ruling-is-a-win-for-the-country/

From UC –

On the heels of several controversial Supreme Court decisions, the court released one of its final rulings on June 30, delivering a blow to climate change but also to federal agencies generally.

The court’s ruling on West Virginia v. EPA rolls back the Environmental Protection Agency’s authority to regulate greenhouse gases from power plants, and simultaneously limits the power of federal agencies.

UCLA experts described the ruling as a “power grab” in a case that, under other circumstances, the court previously would have declined to even hear.

Key takeaways:

Dangerous precedent. The Supreme Court and lower courts could be more likely to strike down federal regulations that raise what individual judges think are big policy questions.

The EPA still has some important power. The ruling in West Virginia v. EPA does not strip the Environmental Protection Agency of all of its power to regulate greenhouse gases.

Good news for California. The state’s landmark emission regulations remain in effect.

WaPo –

For far too long, our unelected federal administrative state has seemed to expand without end. Seizing on the most tenuous power grants from Congress, faceless functionaries have asserted more and more control over almost every aspect of our lives.

But last week, the U.S. Supreme Court sent those agencies an important message: No more.

The court’s opinion in West Virginia v. EPA caps off a long battle my state of West Virginia and many other states have waged against the EPA and its strident effort to reorder our nation’s power grid in the name of combatting climate change. In it, the court ruled that the transformational power to decide major questions like these belongs to the American people — acting through the representatives they elect, not the bureaucrats they don’t.

It all started in 2015 when EPA hijacked an obscure section of the Clean Air Act to try to dictate how the nation would produce electricity. But EPA’s self-styled “Clean Power Plan” bore the fatal flaw of a classic agency power grab: The American people, through Congress, never approved it. So, West Virginia and others took EPA to court. When the D.C. Circuit blessed (and even expanded) this overreach, the Supreme Court stepped in to have the final say. What followed was a blistering rebuke of agency overreach.

Because of EPA’s overreach, the Clean Power Plan presented one of the “extraordinary cases” in which “both separation of powers and a practical understanding of legislative intent” made the court “reluctant to read into ambiguous statutory text the delegation claimed to be lurking there.” Indeed, EPA purported to wield “newly discovered” “unprecedented power over American industry,” deciding on its own “that it would be best if coal made up a much smaller share of national electricity generation. But this effort required “comparative expertise” EPA did not have, and authority “Congress certainly has not conferred” it