BOOM! Supreme Court ruling : EPA doesn’t have power to regulate carbon dioxide

This is a YUUUUGE win!

The court’s decision in the West Virginia v. EPA case decided that the EPA doesn’t have the power to regulate carbon dioxide emissions from power plants.

The vote was 6 to 3, with the court’s three liberal members dissenting.

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

Excerpt from Justice Roberts:

But the only interpretive question before us, and the only one we answer, is more narrow: whether the “best system of emission reduction” identified by EPA in the Clean Power Plan was within the authority granted to the Agency in Section 111(d) of the Clean Air Act. For the reasons given, the answer is no.

Here’s the final paragraph of the Opinion of the Court:

Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible “solution to the crisis of the day.” New York v. United States, 505 U. S. 144, 187 (1992). But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body. The judgment of the Court of Appeals for the District of Columbia Circuit is reversed, and the cases are remanded for further proceedings consistent with this opinion.

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283 Comments
June 30, 2022 7:44 am

Some uncommon good sense at a time when it is severely needed. Truth floats, lies and deceit can only tread water so long.

Richard Brown
June 30, 2022 7:47 am

Great news and hopefully, the first of many victories! Unfortunately, there is still nobody able or willing to say “carbon dioxide does not need reducing”…..

4E Douglas
June 30, 2022 7:50 am

Make sure you carry a bottle of glue solvent on your morning commute.😁

Neo
June 30, 2022 7:51 am

But the only question before the Court
is more narrow: whether the “best system of emission reduction” iden-
tified by EPA in the Clean Powe r Plan was within the authority
granted to the Agency in Section 111(d) of the Clean Air Act. For the
reasons given, the answer is no.

There had been some rumblings that the SCOTUS might overturn the entire administrative state, but it didn’t.

chadb
June 30, 2022 7:52 am

Looking forward to the chipping away at Chevron Deference until it is no longer a thing.

ResourceGuy
June 30, 2022 7:52 am

It’s the thought that counts at EPA for brownie points in the progressive left mind and donations to the Party. When does Jenn get nominated to the Supreme Court anyway?

Tom Halla
June 30, 2022 7:55 am

If they apply this principle generally, it will have other consequences. They defacto overrode the “endangerment” ruling in Massachusetts v EPA, that CO2 was a danger.

MarkW
June 30, 2022 7:58 am

A trifecta from the Supreme Court this week.

June 30, 2022 7:58 am

Wow, upholding the 2nd amendment, throwing the abortion question back to the states, now telling the EPA they don’t have unlimited power just because they want it. I amazed.

Call me a skeptic
June 30, 2022 7:59 am

Finally, some level of sanity prevails. Congress will never be able to pass laws limiting CO2 emissions. The midterm results will stop them dead in their tracks.

ResourceGuy
June 30, 2022 8:00 am

Thank you, Supremes, for saving us from tyranny and overreach government on a massive scale.

June 30, 2022 8:02 am

EPA factional power grab by declaring a normal component of human breath and the atmosphere to be a “pollutant” falling under their authority is now over.

Carlo, Monte
June 30, 2022 8:05 am

The three-letter agencies will simply ignore the supreme court.

Dennis G. Sandberg
June 30, 2022 8:06 am

Accurate ruling, but three of the justices continue to disregard an obvious interpretation of the law, Very telling. Biden is going to get a lot of renewed pressure to expand The Court,

June 30, 2022 8:07 am

What a way to end “Pride” month! Now we have a reason to be “proud” again. Let the dismantling of the UNCONSTITUTIONAL alphabet soup agencies begin in earnest.

June 30, 2022 8:10 am

I hope the EPA ruling that CO2 is a pollutant can now be revisited and revoked, stopping a whole lot of political madness.

Ron Long
June 30, 2022 8:11 am

Looks like the Supremes (Stop In The Name Of Love) are the only sector of government that is functioning anywhere near correct.

rah
June 30, 2022 8:16 am

Not as Yuuuge as I would have liked but it also paves the way to question the authority of any and all Federal Agencies which try to make policy on subjects outside of that specifically stated in the acts that they were founded under.

I’m no expert, it would seem to me that this ruling sets president that could effect a wide range of rulings by the various agencies of the Federal Government

Duane
June 30, 2022 8:19 am

This is very good news, even if not surprising given the current makeup of SCOTUS. CO2 is not a “pollutant” as defined in the 1990 Clean Air Act Amendments, and the power to regulate carbon as such is not authorized by Congress. Only Congress has the power to make law, and any implementing regulations must be tightly tied to statutory authority.

The warmunists can yak all they like, but we are a nation of laws not preferences.

Ricker
June 30, 2022 8:20 am

Amen, three in a row!

Bryan A
June 30, 2022 8:21 am

That nasty Endangerment finding needs to be overturned

June 30, 2022 8:21 am

The overturning of Roe vs Wade was a gift for the Democrats because there are a lot of people who will vote Democrat on that issue this November that might have voted otherwise. This will occur in those states that have ancient laws on the books that could be enforced. Those would be conservative “Red” states. Privately the Democrats probably jumped for joy.

Couple that with the thousands of mules that won’t be carrying cell phones this time around, and it looks very unlikely that there will be a tsunami of Republican votes on election day.

The new 2023-24 Congress will no doubt write law that the EPA is prevented from doing. And there will be plenty of help from the stupid party to help get this done.

I certainly hope I’m wrong.

Besides all that, we are going to endure Democrat incited riots, and we all know what those look like.

June 30, 2022 8:26 am

The thing here is, it’s good to stop the administrative state from pushing their cult agenda without express approval in legislation from Congress. It also rolls back the admin state in everything else, where agencies cannot just make up rules on big things that affect We The People without express authorization from Congress. So, lawmakers need to spend less time posturing and preening and twittering and virtue signaling and stuff, and spend time crafting specific legislation

marlene
June 30, 2022 8:28 am

Just like the SCOTUS ruling on abortion that Biden defied by continuing to squirt mandates against it, this court’s ruling will also be ignored while the armed EPA continues to regulate CO2. There is no rule of law, no due process, no constitutional authority, and no Republic. Can you smell it?

Marc
June 30, 2022 8:32 am

When finally have a court that can read the Constitution and understands that Congress must explicitly delegate authority to an agency before they have the authority to promulgate a regulation.

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