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EPA Has No Power to Regulate Carbon Dioxide – Are You Feeling Good?


This is a YUUUUGE win!

The court ruling in West Virginia v. EPA ruled that the EPA did not have the power to regulate carbon dioxide emissions from power plants.

The vote was 6 to 3, with three liberal members of the court disagreeing.

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

Quote from Justice Roberts:

But the only explanatory question before us, and the only question we answer, is narrower: whether the “best emissions reduction system” identified by the EPA in the Clean Power Plan is within its jurisdiction. issued to the Agency under Section 111(d) of the Clean Air Act. For the reasons given, the answer is no.

Here is the final paragraph of the Court Opinion:

Limiting carbon dioxide emissions to levels that would force the nation to switch away from coal for electricity production could be a “sensible solution to the crisis of the day.” New York v. United States, 505 US 144, 187 (1992). But there is no reason why Congress should have given the EPA the authority to pass such a regulatory scheme in Section 111(d) on its own. A decision of such importance and consequence rests with the National Assembly itself or an agency acting upon an express authorization from that representative body. The decision of the Court of Appeals for the District of Columbia Circuit was annulled and the cases were reheard for further proceedings consistent with this opinion.


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