Home
/
RELIGION & LIBERTY ONLINE
/
Supreme Court Puts Check on EPA Overreach
Supreme Court Puts Check on EPA Overreach
Oct 20, 2024 8:59 AM

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
Radio Free Acton: Todd Huizinga Previews Brexit
On this edition of Radio Free Acton, we take a look at the ing referendum in Great Britain which will decide the fate of the UK’s membership in the European Union. Todd Huizinga, Acton’s Director of International Relations and author ofThe New Totalitarian Temptation: Global Governance and the Crisis of Democracy in Europe, joins the podcast fresh from his latest European trip and shares his analysis of the pros and cons for Britain, as well as the reaction in Brussels...
Before you vote, think like a libertarian
You don’t necessarily have to be a member of the Libertarian Party to appreciate it. In a new piece for the Federalist, Acton’s director of programs, Paul Bonicelli suggests that there are libertarian questions that voters of all parties should be asking. Libertarians, with a focus on limiting federal power, question the size and scope of the state and its bureaucrats, as anyone supporting individual freedom should. Some of the questions Bonicelli offers are: Does the U.S. Constitution permit the...
Poverty, Inc. Now Streaming on Netflix
Poverty Inc.,an award-winningdocumentary thatgrewout of the Acton Institute’s PovertyCureinitiative,is now available on Netflix. Duringthe past yearthe film has been in over300 screenings around the world attended by more than 21,000 people. But now we have an opportunity to spread the key message of the film to a larger audience: the most effective solutions to poverty lie in unleashing entrepreneurs to find new, innovative, and efficient ways to meet people’s needs. Please help us spread the word bytelling your friends, co-workers,...
Philadelphia’s Socially Acceptable Way to Disdain the Poor
Philadelphia may like to think of itself as the “city of brotherly love,” but its latest tax increase is not so friendly to the poor. Last week the city council passed a regressive soda tax proposal that will levy 1.5 cents per liquid ounce on distributors. According to Quartz, the tax will apply to regular and diet sodas, as well as other drinks with added sugar, such as Gatorade, lemonades, and iced teas. This tax on sugary drinks is what...
Why Christians Should Support Religious Liberty for Muslims (and Everyone Else)
The fight for religious liberty is only beginning to intensify in America, whether for retail giants, restaurant chains, bakers and florists, sacrificial nuns, or the imminent obstructionson the path paved byObergefell vs. Hodges. Yet even when facing these pressures for themselves, many American Christians still seek to withhold such freedoms from those of differing religiousbeliefs. Forgettingour position of exile,such a stancetrades the first of our God-given freedomsfor narrow self-interest and self-preservation. Suchprofound disconnect was recently on vivid display at the...
A Crash Course in Capitalism and Socialism
Unclear on how capitalism and/or socialism got started? John Green provides a 12-minute crash course that answers how we got from the British East India Company to iPhones and from Karl Marx to Swedish-style socialism. Warning: Green’s style and digressions can be a bit grating, but overall the material is worth watching. (I’d also mend increasing YouTube’s speed setting to 1.5 or 2 for faster viewing.) ...
Explainer: What You Should Know About the Net Neutrality Ruling
What just happened? On MondaytheD.C. Circuit Court of Appeals ruled in favor of the Federal Communications Commission (FCC), sayingthe agency had the legal authority to enact their Open Internet Order (i.e.,net neutrality rules.) What was this case about? Last Spring theCTIA, the trade group that represents the munication sectors, filed a lawsuit with the D.C. Circuit Court of Appeals challenging the FCC’s decision to “impose sweeping new net neutrality rules and reclassifying mobile broadband as mon carrier utility.” The CTIA...
Metropolitan Tarasios on the Orthodox Council in Crete and Catholic-Orthodox relations
On June 16, His Eminence Metropolitan Tarasios of Buenos Aires spoke at Acton University at DeVos Place in Grand Rapids, Michigan. His remarks touched on a wide range of subjects including the ing Orthodox Christian council in Crete, which begins on June 19, Catholic-Orthodox relations, and other topics. The American-born bishop serves in the Ecumenical Patriarchate of Constantinople. According to his official biography, Met. Tarasios was born Peter (Panayiotis) C. Anton in Gary, Indiana, in 1956 to Peter and Angela...
A Russian Businessman Discovers the Law of Love
“When I first read the description of Fr. Alexander Torik’s novel Flavian, I was skeptical,” says Rev. Gregory Jensen in this week’s Acton Commentary. “Recently translated from Russian, it is the story of “an unexpected turning point in the life of Aleksei, a quite ordinary city dweller.” A chance meeting with a former classmate turned much in the life of this physics-major-turned-successful-manager upside down, setting Aleksei on a new path with many amazing discoveries along the way.” I couldn’t help...
5 facts about fathers and Father’s Day
This Sunday is the day Americans set aside to honor their fathers. Here are 5 facts you should know about dads and Father’s Day. 1. After listening to a Mother’s Day sermon in 1909, Sonora Dodd of Spokane, Wash. wanted a special day to honer her father, a widowed Civil War veteran who was left to raise his six children on a farm. The first Father’s Day celebration, June 17, 1910, was proclaimed by Spokane’s mayor because it was the...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved