Home
/
RELIGION & LIBERTY ONLINE
/
Supreme Court Puts Check on EPA Overreach
Supreme Court Puts Check on EPA Overreach
Jan 24, 2026 11:01 PM

With the Supreme Court handing down significant rulings on such issues as housing, Obamacare, and same-sex marriage, it’s not surprising other decisions handed down last month received less attention. A prime example is the defeat the Court handed to President Obama administration’s agencies.

In the 5-4 ruling, the Supreme Court recently struck down ing EPA regulations concerning emissions of mercury and other toxins at power plants. the Court pointed out that the EPA did not properly consider the costs of regulating such emissions from coal-fired power plants before imposing the regulations.

Congress had previously authorized the EPA to take any “appropriate and necessary” action to regulate power plants. In this case, the EPA found power plant regulation to be “appropriate” since the plants’ emissions pose risks to the environment and because controls capable of reducing these emissions were available. The agency also found regulation “necessary” because the imposition of other Clean Air Act requirements did not eliminate those risks.

But five of the nine justices found the EPA had failed to due diligence. “Read naturally in the present context, the phrase ‘appropriate and necessary’ requires at least some attention to cost,” wrote Justice Scalia in his opinion for the Court. “One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits.”

According to the Court ruling, the regulations would cost around $9.6 billion a year, but the quantifiable benefits from the resulting reduction in hazardous-air-pollutant emissions would be $4 to $6 million a year. The Court ruled that the EPA “must consider cost—including cost pliance—before deciding whether regulation is appropriate and necessary.” The justices left it to the EPA, though, to “decide (as always, within the limits of reasonable interpretation) how to account for cost.”

Perhaps even more important than mon-sense consideration of how regulations should be decided in this case is the Court’s willingness to put a check on the regulatory agencies. As Justice Thomas wrote in his concurrence:

Although we hold today that EPA exceeded even the extremely permissive limits on agency power set by our precedents, we should be alarmed that it felt sufficiently emboldened by those precedents to make the bid for deference that it did here. As in other areas of our jurisprudence concerning administrative agencies, we seem to be straying further and further from the Constitution without so much as pausing to ask why. We should stop to consider that document before blithely giving the force of law to any other agency “interpretations” of federal statutes.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Michael Miller: Pope Francis, Social Justice And Religion
Trending at today’s Aleteia, Michael Matheson Miller discusses Pope Francis and his call to social justice. Miller asks the question, “Do orthodoxy and social justice have to be mutually exclusive?” Miller says there is a “pervasive, false dichotomy between theological doctrine and social justice that has dominated much of Catholic thought and preaching since the 1960s.” Intrigued by the precedent that Pope Francis is setting in this area, Miller says, From his first moments as pope, Francis has urged Christians...
The Hayekian Liberty of Ender’s Game
My conversion into a fan of science-fiction began with an unusual order from a member of the Joint Chiefs of Staff: “Each Marine shall read a minimum of three books from the [Commandant’s Professional Reading List] each year.” Included on the list of books suitable for shaping the minds of young Lance Corporals like me were two sci-fi novels: Robert Heinlein’s Starship Troopers and Orson Scott Card’s Ender’s Game. I soon discovered what lay hidden in these literary gems. Along...
Jesus Christ, a Small Businessman at Work
Mark Tooley of IRD highlights a talk by Michael Novak, “Jesus Was a Small Businessman.” Speaking to students at the Catholic University of America, Novak observed: When he was the age of most of you in this room, then, Jesus was helping run a small business. There on a hillside in Nazareth, he found the freedom to be creative, to measure exactly, and to make beautiful wood-pieces. Here he was able to serve others, even to please them by the...
Why Liberty Isn’t Enough
“It’s important to talk about liberty, but not in isolation,” says Samuel Gregg, Research Director for the Acton Institute. “Our language should reflect the truth that reason, justice, equality, and virtue make freedom possible.” At some point, for instance, those in the business of promoting freedom need to engage more precisely what they mean by liberty. After all, modern liberals never stop talking about the subject. Moreover, if the default understanding of freedom in America is reduced toJustice Anthony Kennedy’s...
Is Being Bossy Bad?
The newest celeb campaign ing out against bullying, getting kids to eat their veggies and to go outside and play) is to stop women from being bossy. Actually, what they seem to want to do is ban the illusion of bossiness; that is, men are leaders and women are bossy. Well, that’s silly. And bossy. (yes, it’s a real website) says: When a little boy asserts himself, he’s called a “leader.” Yet when a little girl does the same, she...
Diversity, Inclusion And Conversation: But Only If You’re Just Like Us
The definition of “diversity” is “the condition of having or posed of differing elements : variety; especially : the inclusion of different types of people (as people of different races or cultures) in a group or organization.” It appears, however, that diversity for some folks mean “only if you agree with or are just like us.” In Olympia, Wash., South Puget Sound Community College’s Diversity and Equity Center planned a “Happy Hour” for staff and employees in order to discuss...
The Four Questions of Christian Education
One of the advantages of living in a free society is that parents have multiple options for how they can educate their children, including enrolling them in religious education. Christian education is unique in that teachers can integrate faith and learning in the classroom to unlock academic disciplines from mere materialistic or rational concerns to direct interdependence and collaboration with the providential work of the Triune God in his plan to redeem the entire cosmos. In light this fact, if...
Audio: Elise Hilton on Human Trafficking
Acton Communications Specialist Elise Hilton joined host Shelly Irwin today on the WGVU Morning Showin Grand Rapids, Michigan to discuss Acton’s ing moderated panel discussion on the issue of human trafficking, Hidden No More: Exposing Human Trafficking in West Michigan. Take a listen to the interview via the audio player below, make sure to listen to the podcast on the topic here, and if you’re able, register for the event that takes place on March 28th right here at the...
Survey Results: What Do You Look for in a Pastor?
One month ago, I posted a link to a survey asking ten questions about what people look for in a pastor, promising to post the results one month later. The idea was to try to shed some light on the disconnect between supply and demand when es to ministers looking for a call and churches looking for a minister. The first thing that should be said is that, while I am grateful to all who participated, the sample size is...
Scarlett Johansson, Oxfam, and ICCR Shareholders
Enough time has passed for this Denver Broncos fan to address a kerfuffle surrounding this year’s Super Bowl. I’m writing, of course, about Hollywood siren and liberal activist Scarlett Johansson, who appeared in a Super Bowl mercial to the chagrin of international charity Oxfam for which the otherworldly beauty served nine years as official spokesperson. Oxfam, listed in the Interfaith Center for Corporate Responsibility’s 2014 Proxy Resolutions and Voting Guide “Guide to Sponsors,” told Johansson she had to choose between...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved