The Patriot Post® · Supreme Court to Consider EPA Regulations

The Obama administration has been zealously waging its “war on coal” through EPA regulations on carbon emissions that will both endanger plans for new coal plants and effectively shutter existing ones because the plants can’t meet emissions standards. In June 2012, a three-judge panel of a federal appeals court in Washington, DC, upheld every contention the administration made to defend its regulations – from the assumption that greenhouse gases are causing global warming to the authority of the EPA to basically do whatever it wants to combat it. Now the U.S. Supreme Court will weigh in.

Unfortunately, the High Court is only considering the part of the appeals court ruling dealing with permitting requirements; they are leaving in tact the lower court’s finding on emissions and climate change, which, as we often recount in this space, is dubious at best. But SCOTUS found in 2007 that the Clean Air Act, which doesn’t define CO2 as a pollutant, nevertheless gives the EPA broad authority to regulate carbon emissions, so it’s not surprising that the Court is leaving that issue alone. That earlier ruling focused on vehicles and mileage standards, while this latest case deals with the question of power plants and other stationary facilities.

Though the administration urged the Court to reject the case, EPA chief Gina McCarthy applauded the justices’ decision on a narrow hearing, which she said “confirms that EPA has the authority to protect public health by reducing carbon pollution.” Such Orwellian spin is hard to take from an agency that shackles the U.S. economy with incredibly burdensome regulations. Expect a decision in the case by June 2014.