Supreme Court Curbs EPA's Climate Authority in Blow to Biden

[LetMyPeopleVote]

Source: Bloomberg

The US Supreme Court restricted the Environmental Protection Agency’s authority to curb greenhouse gases from power plants, siding with coal-mining companies and Republican-led states in a blow to President Joe Biden’s climate-change agenda.

The 6-3 ruling interpreting the US Clean Air Act is likely to keep the administration from imposing the type of wide-ranging emissions-cutting plan the EPA tried to put in place when Barack Obama was president. It limits the agency’s available tools amid increasing evidence that climate change is causing rising sea levels and more extreme weather patterns.

The majority said that, while the EPA can regulate power plant emissions, the agency can’t try to shift power generation away from fossil-fuel plants to cleaner sources, as Obama’s Clean Power Plan sought to do.

The court’s three Democratic-appointed justices -- Stephen Breyer, Sonia Sotomayor and Elena Kagan -- dissented.

The ruling casts fresh doubt on Biden’s pledge to reduce US emissions in half by the end of decade and his goal of a carbon-free electric grid by 2035. Hitting those targets will be impossible without regulations to stifle greenhouse gases from oil wells, automobiles and power plants, as well as tax incentives designed to spur clean energy, according to several analyses.

Read more: https://news.bloomberglaw.com/us-law-week/supreme-court-curbs-epas-climate-authority-in-blow-to-biden?context=search&index=0

[BumRushDaShow]

1. Was trying to get a mainstream outlet to respond with an article since SCOTUSblog was up with it

Link to tweet

SCOTUSblog
@SCOTUSblog
·
Jun 30, 2022
The Supreme Court sharply curtails the authority of the EPA to regulate greenhouse-gas emissions that cause climate change. In a 6-3 ruling, the court sides with conservative states and fossil-fuel companies in adopting a narrow reading of the Clean Air Act.
SCOTUSblog
@SCOTUSblog
·
Follow
Here is the opinion from John Roberts in West Virginia v. EPA: https://supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
. The three liberal justices dissent.
10:03 AM · Jun 30, 2022

[mahatmakanejeeves]

2. Same here. I didn't see anything at WaPo, and you'd think with all the free subscriptions they

out to anyone with a .gov email address, they'd be the first outlet to run the story.

Bloomberg Law is subscription for me, and I don't have one.

And good morning, to both of you.

[BumRushDaShow]

5. They all started popping the breakings out minute ago.

[BumRushDaShow]

7. I was actually able to click on the OP and get an article

although their "law" version is usually subscription and their regular site allows a limited number of views (I clear their cookies often).

WaPo is the last in now - just got the breaking. CNN popped up first.

And good morning (I think)!

[Traildogbob]

16. A blow to Biden's Agenda??????

It’s a blow to humankind. A Blow to “Every life is Precious Bullshit”.
How many more more factions of society will the court piss off to get out and vote? Guess they know they will destroy voting for all anyway. Clean Air and Clean Water Act be damned. Every life precious except from guns, disease, health care and poison from corporations. Fuck THIS GOD Damned court and ALL GQP to hell. Their God warned of destroying his creations. My mistake, whatever fucking God they created in their sick mind welcomes killing as many as possible. Who needs a flood, this God will poison or shoot us all. Grand plan. That way he don’t have to wipe out all his other creations to rid his biggest mistake.

[BumRushDaShow]

22. I saw something this morning about a reconcilation bill being worked on

for the Medicare pharmaceuticals price-negotiation provision and there was mention about other agenda items that were being considered to be part of it.

I posted about it here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=2936834

Senate Democrats see 'major progress' on Biden agenda bill, hope for July vote


June 29, 2022, 11:05 PM EDT
By Sahil Kapur

(snip)

The source, who requested anonymity to discuss sensitive negotiations between Senate Majority Leader Chuck Schumer, D-N.Y., and Sen. Joe Manchin, D-W.Va., described the expected move as "major progress" that shows Democratic leadership wants to "move forward with a bill on the floor as early as next month."

There's no final deal on the broader bill, however, as the other major parts of the "reconciliation" package — energy and climate policy provisions and tax changes to raise revenue — are still being negotiated between Schumer and Manchin. Unless an agreement can be reached quickly, it would be difficult to pass the bill before a scheduled monthlong August recess.

Manchin’s office said Wednesday there are consensus and a path forward on drug pricing.

“Senator Manchin has long advocated for proposals that would lower prescription drug costs for seniors, and his support for this proposal has never been in question,” Manchin spokeswoman Sam Runyon said. “He’s glad that all 50 Democrats agree.”

(snip)

https://www.nbcnews.com/politics/congress/senate-democrats-see-major-progress-biden-agenda-bill-hope-july-vote-rcna36041

So perhaps they could amend the Clean Air Act using this mechanism.

[Traildogbob]

29. I see a Coal company owner

Never opposing a court making emissions unregulated. Never forget at one time, Manchin was cosponsor of a gun regulation bill and when it came time to move it, he caved. Ya gotta know West Virginia seniors need tons of meds from pollution health issues. Maybe those constituents are screaming. But if your gonna allow air and water poison, your peeps are gonna need meds, or caskets.

[BumRushDaShow]

35. Many of those mesothelioma cases over the decades

were coming out of the whole mining industry. And now with fracking and the seepage of the solvents into the groundwater of the very people - GOP-voting rural dwellers - who get their water from wells, you would think some would get a clue?

I think this is why so many cling to "divine intervention" to save them instead of them considering the changing of what are "man made problems".

[Traildogbob]

41. I agree

Their hopelessness has them anxiously awaiting those tubes from heaven sucking them up to their Mansions and Streets of Gold so they can feel the Trump life. And speaking of Mesothelioma, in trumps first Two months he struck down regs on asbestos and immediately began shipping tons in from….wait for it…..Russia. One of their largest exports. And yet those lawsuit commercials continue. And I have not seen Biden Admin reverse that yet or if we have ended those Russian shipments. As a Navy Vet from old school Navy, our destroyer was packed with asbestos. And my last 6 months in, we were in the Yards, stripping the interior for remodel to replace it, with the shit floating in the air in confined spaces. With minimal protection.

[BumRushDaShow]

49. "And I have not seen Biden Admin reverse that yet"

EPA put out a notice of - https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos and published a proposed Rule to do just that back in April - https://www.regulations.gov/document/EPA-HQ-OPPT-2021-0057-0006

It's currently going through a Public Comments period until next month but as we know, other news stories like Ukraine, have swamped other topics.

EPA has other proposed Rules dealing with it in the workplace.

(P.S. I have been trying to post this for the past almost hour but all kinds of news has been breaking so... )

[Traildogbob]

50. Thank you so much

Been waiting a long time to hear ANY action taken on this issue. Let’s hope the Supremacist Court will not strike down any laws that get it out of our life, for good this time. Great to see this link.

[BumRushDaShow]

53. You're welcome and this all suggests that the Clean Air Act is gonna need a big update

so that EPA (among others like perhaps USGS and NOAA) is given more authority to handle the unique but devastating issues with climate change!

[ellie]

3. I think that this is

a blow to everyone who likes to breath clean air.

[TheBlackAdder]

57. I wonder if affected states could sue as not given same air quality that damaging states received.

.

They were afforded the luxury of clean air and then do not furnish same to other states downwind.

.

[JohnSJ]

4. f**k this SC, and the six draconian assholes who have the majority.

[Javaman]

6. it was the nixon administration that created the EPA.

I guess we can now confirm that that old crooked form of republicanism has been replace by this new form of corrupt republicanism.

this will kick climate change into overdrive.

[d_b]

8. Wish there was something we could do

But I wouldn’t want Americans to lose faith in our institutions.

[ancianita]

9. Activist right wing climate deniers.

The power of the judicial branch can nullify an act of Congress, executive action, or state law if it violates the Constitution.

Is Roberts majority opinion arguing that Congress has not done sufficient legislating to justify the EPA's regulation? (I hope I have the right one here) https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf

[Auggie]

13. "We identify as legislators" ... long game of corporate fascists.

[SergeStorms]

15. One correction....

..."if it violates their interpretation of the Constitution".

Rotten bastards.

[SergeStorms]

18. Old picture....

It still has RBG, Scalia, Kennedy......

[ancianita]

21. I saw, thanks. Deleted.

[SergeStorms]

24. You didn't have to delete it....

it added more pizzazz to your post. It was good to see RBG in her robe again, but then there was that gigantic turd in a robe sitting in the right-front row..... Scalia. Now we have Alito, who's slithered right into his shoes.

[ancianita]

25. Well, it did add history to the present dystopia, but note that I just updated anyway.

It's the ruling opinion that I just don't get. It reads like a pro-corporate interpretation of how statutes don't give the EPA standing to make regulations on fossil emissions. So what statutes have to do with the Constitution and the Executive and Legislative branches' powers, I can't understand from this opinion.

[SergeStorms]

58. Trump's coup failed.

The fascist supreme whores were their 'plan B'. They've taken over where The Big Orange Pig failed.

[ancianita]

60. Right.

On both counts. I've got a list of their names. Unfortunately they're now legally able to use SCOTUS to continue minority rule.

This November will be make or break.

[scarletlib]

10. God damn them all.

Planet Killers.

In thrall to their corporate overlords.

Whatever remains of the remnants of humanity in the future will curse their names.

[Dorn]

34. He didn't say anything about by heat

Genesis 9:11 Never again will all life be destroyed by the waters of a flood; never again will there be a flood to destroy the earth.

Thus spoke the court as they endth the human race and all of the crawling things on the earth.

[scarletlib]

47. I sincerely hope this is sarcasm.

[Lonestarblue]

11. This Supreme Court is turning the US into a third-world country to benefit the wealthy.

The wealthy class, like the Kochs an Mercers have funded the assault on democracy and on personal rights.

[SergeStorms]

20. They got what they paid for.

The Supreme Whores are doing the job for which they've been paid. It's infuriating.

[Lovie777]

12. I don't think the young will appreciate this ruling since it affects them more so in the future . ..

[Lulu KC]

14. "Blow to Biden"--???

Blow to all of us.
They just don't get it.

[TheBlackAdder]

17. The majority said that, while the EPA can regulate power plant emissions--Crack Down Hard!

.

There is a saying that to get someone to do something you want, instead of telling them, make all of their other options more painful and that will funnel them to your option.

.

[TeamProg]

19. Best hope then is to create more subsidies for clean energy and cut back on oil subsidies. Oh yeah,

and FUCK THE SUPREME COURT AND ALL REPUBLICANS !!

[Traildogbob]

23. Joe Machine just jizzed

His designer thong.

[cbabe]

26. The air is everywhere.

https://m.

Hair - Original Broadway Cast - Air

[OrlandoDem2]

27. We MUST expand the SCOTUS!! This is out of control. I hope the 6 burn in hell! I'm

[leighbythesea2]

28. Have entered

Squid Game now.

Not that we didnt know it was coming with this scotus.

Every decision means death to a team. & we know what team the death is aimed at.

Do you think our side understands this now? & can fight with the gavatis necessary. Or our "rule" and "historic norm" tendencies will still override.

We know they will/have discarded all that, for power. I hope we can find the necessary resolve.

[mahatmakanejeeves]

30. "A good paragraph summary of the EPA decision. It's an all-purpose means of destroying regulation."

TheKetchupDeserveditHat Retweeted

A good paragraph summary of the EPA decision. It's an all-purpose means of destroying regulation. The McConnell-stacked federal courts can, at their discretion, suddenly declare "major question!" then say Congress wasn't clear enough.

More from Justice Kagan:
Show this thread

Link to tweet

[Lil Liberal Laura]

31. Well THAT'S Jim Dandy Wonderful, Isn't It?

This is from last October:

[intheflow]

32. NOT a blow to Biden, it's a blow to the planet.

These assholes want to cut off their noses to spite their faces.

[Brenda]

33. They are definitely accelerationists

Seeking the End Times soon. Gonna get their wish at this rate and they'll be stuck on this HELL World like the rest of us. Assholes.

[iluvtennis]

36. UNfkn believable. This court continues to turn back the hands of time.

[Marthe48]

37. r.w. judges pulling it out of their asses

n/t

[in2herbs]

38. Then stop giving oil companies tax breaks! nt

[Native]

39. How bout "Blow to the Planet." They really need to get these headlines right.

[bronxiteforever]

46. +100 Absolutely. I hate the Bloomberg headline.

[CaptainTruth]

40. Blow to the whole planet.

[sinkingfeeling]

42. Who couldn't have guessed this ruling?

[Xoan]

43. It's a BLOW to All ...

You ignorant groomers.

[Raster]

44. Prime example of the media slanting the news to their preferred position.

This is a blow to EVERYONE that wants clean air and water.

[Magoo48]

45. Six fantasy spewing fanatics, and now it's throttle down as the world races at the dystopian wall.

You know, in a sane world, nation, state, ,county, town, or neighborhood people would just say, “Fuck off, go back into your cave and STFU,” to this six pack of fools.

[Yo_Mama_Been_Loggin]

48. Blow to Biden?

Blow to a livable world. Who writes this shit?

[SWBTATTReg]

51. So all other administrations too, while the EPA was regulating these emissions and trying...

to curb greenhouse gases, were wrong too? Why is this supreme court (I will no longer capitalize their name, they don't deserve the respect) going back in time and revisiting the past when so many have already reviewed these laws, regulations, etc. time and time again and again and again?

[VGNonly]

52. 6-3

The supreme court (lower case on purpose) is now the the kangaroo court for RW fascist BS, nothing but show trial crap, fiddling while Rome burns.

In the film The Trial of the Chicago 7 when an objection was filed, Abbie and Jerry would in unison proclaim overruled, pissing off Judge Hoffman. 6-3 is now the new "overruled".

[Martin68]

54. Fuck SCOTUS. They are throwing us to the wolves.

Is the U.S. going to able to survive this court?

[Tom Yossarian Joad]

55. WTF is wrong with these people?

[LudwigPastorius]

56. Glad I never had children.

I don't think their kids would like living on New Venus. (née Earth)

[VGNonly]

62. Venus

is only slightly smaller than Earth. Its atmosphere is nearly 100 denser than Earths, mostly CO 2. Average temperature is 867f, lead melts at 621.

Time to get a stone umbrella.

[Cha]

59. Pres Biden, Us & the Planet!!!

Save Our Democracy💙 in 2022 & 2024!

[muriel_volestrangler]

61. Shorter SC: If it matters, Congress (ie 60+ Senators) must explicitly authorize it

and so, while the death cult has 40 Senators in its pay to increase short term fossil fuel profits at the cost of the global environment, the USA will not do anything significant to stop global warming.

40 Senators can be bought relatively cheaply. Especially when one party has shown itself to be in favour of death anyway, as covid vaccines have shown. It also helps when one (ie Manchin) is self-funding - no need to bribe him, his wealth depends on large greenhouse gas emissions already.