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Challenge, accepted: Supreme Court to review EPA’s greenhouse gas regulations
Hot Air ^ | 1:21 pm on October 15, 2013 | Erika Johnsen

Posted on 10/15/2013 12:11:49 PM PDT by Ernest_at_the_Beach

The Obama administration has been mighty pleased with themselves and the various ways in which they have stepped up their climate-change game with impunity, mainly through aggressive regulatory maneuvering (most recently with their new plans to essentially regulate new coal-plant construction out of existence paired with their forthcoming plans to regulate existing coal plants next year).

The Obama administration has been discouraging the Supreme Court from providing a platform for the inevitable legal challenges to their emissions-capping agenda, but to no avail: The highest court in the land decided to hear out the consolidated arguments against the Environmental Protection Agency’s self-appointed practices from several industry groups, Texas, and the U.S. Chamber of Commerce. Last year, the federal appeals court for the District of Columbia Circuit ruled against their suit challenging the EPA’s regulations, and SCOTUS is going to reexamine parts of that ruling, via the WSJ:

The U.S. Supreme Court on Tuesday said it would consider challenges to Environmental Protect Agency limits on greenhouse-gas emissions, throwing the Obama administration’s landmark rules into a state of uncertainty. …

A three-judge panel in June 2012 upheld the agency’s finding that greenhouse gases like carbon dioxide endangered public health and were likely responsible for global warming. The appeals court further upheld EPA emissions limits for new vehicles and refused to entertain the challengers’ efforts to stop the agency from phasing in emissions regulations on industrial facilities like power plants.

The Supreme Court will review part of that ruling. The justices said in a short written order that they will consider the EPA’s decision to impose greenhouse-gas permitting requirements on power plants and other stationary sources.

The justices rejected appeals to rehear the major 2007 case in which they decided that the Clean Air Act affords the EPA the authority to regulate heat-trapping gases in automobile emissions, nor will they be reviewing the petitions challenging the EPA’s conclusion that carbon emissions endanger public health and the planet; the issue at play here will be whether the “EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases,” i.e., power plants.

The Obama administration and their self-titled “environmentalist” allies will not be pleased, via Businessweek:

The Obama administration urged the Supreme Court not to take the case, saying the lower court ruling was a straightforward application of the Clean Air Act, in keeping with the deference that judges generally afford to federal administrative agencies. The clash centers on interrelated rules issued by the EPA in 2009 and 2010.

The opponents’ “policy concerns with the implementation of an intentionally broad and precautionary statutory scheme are properly addressed to Congress,” said U.S. Solicitor General Donald Verrilli, the administration’s top courtroom lawyer.

Environmental advocates and a New York-led group of 17 states joined the administration in opposing Supreme Court review.

The case will be argued in the first half of 2014 with an expected decision over the summer, and with these power-plant regulations serving as one of the main components of their grandiose and ostensible climate-change-curbing ambitions, expect the Obama administration to fight for this one tooth and nail.


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: climatechange; energy; epa; globalwarminghoax; greenhousegases

1 posted on 10/15/2013 12:11:49 PM PDT by Ernest_at_the_Beach
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To: Ernest_at_the_Beach

They just keep plugging along with their agenda..

Meanwhile everyone forgets about Solyndra, Fast and Furious, DOMA, Contempt of Congress, 110% voter turnout, Benghazi dead ambassador, Egypt muslim brotherhood takeover, Libya muslim brotherhood takeover, Syria muslim brotherhood attempted takeover, ...

I know I am forgetting a lot


2 posted on 10/15/2013 12:15:17 PM PDT by Mr. K (Lies, Damned Lies, Statistics, and then Democrat Talking Points.)
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To: Ernest_at_the_Beach

Chief Justice Roberts will determine anything the EPA does is a tax and give it his divine blessing....then more pictures and negatives of him smoking a dude(right I did not say dube)will be given to him for incineration.


3 posted on 10/15/2013 12:16:36 PM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Mr. K

They believe if they can keep it off the Front pafe of the Media,...no one will know about it!


4 posted on 10/15/2013 12:18:04 PM PDT by Ernest_at_the_Beach
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To: All
Note at Watts Up With That?

EPA to be challenged at SCOTUS over climate change

5 posted on 10/15/2013 12:22:08 PM PDT by Ernest_at_the_Beach
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To: Tolerance Sucks Rocks; Army Air Corps; Marine_Uncle; NormsRevenge; SunkenCiv; onyx; TigersEye; ...

Ping Alert!


6 posted on 10/15/2013 12:36:22 PM PDT by Ernest_at_the_Beach
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To: Ernest_at_the_Beach
Challenge, accepted: Supreme Court to review EPA’s greenhouse gas regulations

What's the point? Hussein will just dust off the blackmail material he has, update it with the latest NSA material.

I pray that someday soon the SCOTUS will be fed up and tell the kenyan to produce "PROOF" he is even in this Country legally!

7 posted on 10/15/2013 12:58:20 PM PDT by The Sons of Liberty (Who but a TYRANT shoves down another man's throat what he has exempted himself from?)
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To: The Sons of Liberty
I pray that someday soon the SCOTUS will be fed up and tell the kenyan to produce “PROOF” he is even in this Country legally

not soon, unfortunately.

Ginsberg, Sotomayor, Kagan, Breyer will vote strict Dhimmicrat.
they have Roberts blackmailed...either he is gay or his foreign adopted kids have irregularities.

that's it....we have to get a conservative president and have the Leftists on the bench start dropping....that will take some time...

8 posted on 10/15/2013 1:40:26 PM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Ernest_at_the_Beach; All

I suspect that the conservative lawyers who go to the Supreme Court to argue on behalf of states and corporations against federal agencies like the EPA and constitutionally indefensible federal programs like Obamacare are unable to effectively argue against such agencies for the following reason. Conservative lawyers probably got indoctrinated with PC interpretations of the Constitution in law school to the extent that they are unable to argue constitutional basics against the EPA with justices who were likewise indoctrinated with PC interpretations of the Constitution.

More specifically, I don’t expect misguided lawyers to argue the following about the EPA for example. As I’ve mentioned in related threads, not only have the states never delegated to Congress, via the Constitution, the specific power to regulate environmental issues, but even if Congress had such powers, the Founding States had made the Constitution’s Sections 1-3 of Article I to clarify that Congress has a monopoly on federal legislative powers whether it wants it or not.

In other words, Congress cannot delegate legislative / regulatory powers to third-party entities like the EPA, especially since the states have never given Congress the power to regulate environmental issues in the first place. But when lawyers and justices understand only the pro-big federal government perversions of the Constitution by FDR’s activist justices, then the Supreme Court makes the wrong decisions.


9 posted on 10/15/2013 1:43:19 PM PDT by Amendment10
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To: Amendment10

Sad to hear the court is not going to re-visit their errant ruling that CO2 is a dangerous pollutant. They were provided fraudulent IPCC data by EPA with no outside or inside scrutiny. Bad decision.


10 posted on 10/15/2013 2:02:53 PM PDT by spawn44 (moo)
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To: Ernest_at_the_Beach

I have a bad feeling this will not go well for the energy industry.


11 posted on 10/15/2013 2:13:26 PM PDT by Marine_Uncle (Galt level is not far away......)
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To: Ernest_at_the_Beach

OK!! Everybody pay attention!

Lesson for today:

1. The sun is 1,300,000 times as big as the earth.

2. The sun is a ball of fire that controls our climates.

3. The earth is a rock.

4. The earth is a speck in comparison to the size of the sun.

5. Inhabitants of the earth are less than specks.

Study Question: How do less-than-specks in congress plan to control the sun?


12 posted on 10/15/2013 3:18:52 PM PDT by abclily
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To: Ernest_at_the_Beach; markomalley; AdmSmith; AnonymousConservative; Berosus; bigheadfred; ...

Thanks Ernest!

U.S. surges past Saudis to become world’s top oil supplier -PIRA
Reuters | 10/15/2013
Posted on 10/15/2013 6:16:21 PM PDT by markomalley
http://www.freerepublic.com/focus/news/3079428/posts


13 posted on 10/15/2013 7:04:41 PM PDT by SunkenCiv (It's no coincidence that some "conservatives" echo the hard left.)
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