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EPA doesn’t have energy to manage carbon dioxide – ?


This can be a YUUUUGE win!

The court docket’s determination within the West Virginia v. EPA case determined that the EPA doesn’t have the facility to manage carbon dioxide emissions from energy crops.

The vote was 6 to three, with the court docket’s three liberal members dissenting.

Chief Justice John Roberts, mentioned that Congress had not explicitly given the EPA the authority to manage emissions.

Excerpt from Justice Roberts:

However the one interpretive query earlier than us, and the one one we reply, is extra slender: whether or not the “finest system of emission discount” recognized by EPA within the Clear Energy Plan was throughout the authority granted to the Company in Part 111(d) of the Clear Air Act. For the explanations given, the reply is not any.

Right here’s the ultimate paragraph of the Opinion of the Court docket:

Capping carbon dioxide emissions at a degree that can drive a nationwide transition away from using coal to generate electrical energy could also be a wise “resolution to the disaster of the day.” New York v. United States, 505 U. S. 144, 187 (1992). However it’s not believable that Congress gave EPA the authority to undertake by itself such a regulatory scheme in Part 111(d). A call of such magnitude and consequence rests with Congress itself, or an company appearing pursuant to a transparent delegation from that consultant physique. The judgment of the Court docket of Appeals for the District of Columbia Circuit is reversed, and the circumstances are remanded for additional proceedings in keeping with this opinion.



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