The EPA Had a Bad Day at the Supreme Court

Reason ^ | Jan 10 2012 | Damon Root

[hedgetrimmer]

What we need to do is to force Congress to define the penalties for each act against the Constitution, so if these bureaucrats are accused and convicted, there is no question of evading penalty. It should include fines on individuals, jail time, prison time and in extreme cases the death penalty, I suppose.

The lack of penalty for wrong doing is one reason, I believe, that we have such an out of control government.

[Repeal 16-17]

This should be a unanimous decision reversing the Ninth Circus and ruling for the People over the bureaucrats. Hopefully, we get a broad ruling aimed at the all of the unelected minions in the federal government.

[gaijin]

I had no idea, wow —I rollerblade and dive there all the time.

I sometimes played frisbee with some of the CG dudes there.

I’m so disappointed to hear this.

NOAA already has a large and fancy facility near the lighthouse on Asilomar, in the dunes near Spanish Bay.

The way they’ve decorated it with art you would NEVER guess they’re ecp storm-troopers, but then again maybe that’s the idea.

[hedgetrimmer]

They took over the bottom floor of the dormitory last year, and some of the offices in the Comm center.

But they won’t be happy until they have the whole facility.

They are the most arrogant and anti-human ‘public servants’ I ever met.

[The Antiyuppie]

“The EPA Had a Bad Day at the Supreme Court”

We can hope, one in a long string of bad days especially starting at the beginning of next year.

[dr_lew]

Some years ago the local municipal golf course was planning some alterations, and I played the course one day and got to see the pink flags sticking out of puddles. Well, maybe a big and persistent puddle along the edge of one fairway, but believe me it was no more than a puddle. Even so that pink flag made it a kingdom, unless I was seeing the whole thing wrong.

[brityank]

Found an interesting, and very valid, Opinion from the Supreme Court at The Environmental Protection Agency U-n-c-o-n-s-t-i-t-u-t-i-o-n-a-l by Sheriff Richard Mack.

US Supreme Court Justice Scalia wrote the following commentary in his delivered Opinion for the case Printz v. United States (95-1478), 521 U.S. 898 (1997)

Finally, and most conclusively in the present litigation, we turn to the prior jurisprudence of this Court. Federal commandeering of state governments is such a novel phenomenon that this Court's first experience with it did not occur until the 1970's, when the Environmental Protection Agency promulgated regulations requiring States to prescribe auto emissions testing, monitoring and retrofit programs, and to designate preferential bus and carpool lanes. The Courts of Appeals for the Fourth and Ninth Circuits invalidated the regulations on statutory grounds in order to avoid what they perceived to be grave constitutional issues, see Maryland v. EPA, 530 F. 2d 215, 226 (CA4 1975); Brown v. EPA, 521 F. 2d 827, 838-842 (CA9 1975); and the District of Columbia Circuit invalidated the regulations on both constitutional and statutory grounds, see District of Columbia v. Train, 521 F. 2d 971, 994 (CADC 1975). After we granted certiorari to review the statutory and constitutional validity of the regulations, the Government declined even to defend them, and instead rescinded some and conceded the invalidity of those that remained, leading us to vacate the opinions below and remand for consideration of mootness. EPA v. Brown, 431 U.S. 99 (1977).

Although we had no occasion to pass upon the subject in Brown, later opinions of ours have made clear that the Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs.

[My bold above]

We do need a federal EPA to coordinate the various State EPA's, but that could be accomplished with ten percent of the middle/upper management and 33 percent of the bureaucrats - terminate the rest.

Looks as if this is going to be another slap-down for the EPA and the greenazis infesting it!

[gusopol3]

It’s interesting that Breyer has qualms after being one of five liberal/swing votes in Kelo that gave government expansive powers. That didn’t work out too well, maybe he noticed.

[gusopol3]

We do need a federal EPA to coordinate the various State EPA's,

If so, why not just fold those functions back into Interior and close EPA down ?

[Neidermeyer]

17,384 EPA employees on the bread line sounds fine to me .. (2010 numbers ,, probably at least 20% higher now)

[steelyourfaith]

 

Beam me to Planet Gore !

[thatjoeguy]

Newt already has and does. He’s for abolishing it and creating something else (with new people) which has less control.