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Old 06-23-2014, 05:58 PM  
Direckshun Direckshun is offline
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As it turns out, it's constitutional for the EPA to do their job.

With one minor exception.

So says the most conservative SCOTUS in all of our lifetimes. Seven of them signed onto that conclusion.

The EPA can regulate greenhouse gases. They can require industry to adapt the best available technology. They can apply their rules vigorously to factories and power plants. They can impose heftier regulations on "upwind" states, whose pollution affects "downwind" states.

It's a call to let the free market flow freely, with the most effective governmental regulation possible.

http://www.washingtonpost.com/politi...2d4_story.html

Supreme Court: EPA can regulate greenhouse gas emissions, with some limits
BY ROBERT BARNES
June 23 at 12:41 PM

The Supreme Court on Monday mostly validated the Environmental Protection Agency’s plans to regulate power plant and factory emissions of greenhouse gases blamed for global warming while imposing some limits on the agency’s reach.

The justices said the EPA could not rewrite specific standards written into the law, but they still handed the Obama administration and environmentalists a big victory by agreeing there was another way for the EPA to carry out its program.

“EPA is getting almost everything it wanted in this case,” Justice Antonin Scalia said from the bench, in announcing the decision. “It sought to regulate sources that it said were responsible for 86 percent of all the greenhouse gases emitted from stationary sources nationwide. Under our holdings, EPA will be able to regulate sources responsible for 83 percent of those emissions.”

The decision concerns rules separate from the EPA’s proposed more comprehensive plans released earlier this month to cut carbon emissions from existing plants by as much as 25 percent over 15 years.

“Today is a good day for all supporters of clean air and public health and those concerned with creating a better environment for future generations,” the EPA said in a statement.

Perhaps of more value than the specific case, the court reinforced its view that the Clean Air Act gives the agency the ability to regulate greenhouse gases. Sean H. Donahue, who represented environmental agencies in the case, said the decision makes clear that seven of the nine justices hold that view.

“It’s settled law,” he said.

The bottom line that the EPA got much of what it wanted contrasted with rhetoric in Scalia’s opinion that suggested a power grab.

He said that emissions of greenhouse gases alone are not enough to trigger EPA enforcement — that would sweep in too many small sources, such as schools, churches and shopping centers, Scalia said.

The EPA agreed with that.

But Scalia said the EPA cannot resolve the problem by simply rewriting the specific standards written into the law. An agency does not have power to “revise clear statutory terms that turn out not to work in practice,” he wrote.

But the majority of the court still found a way for the EPA program to work.

Scalia said the agency can impose the greenhouse gas regulations on facilities that are already regulated under the EPA’s Prevention of Significant Deterioration program. That program requires the facilities to install the best available technology to control emissions from all regulated pollutants.

The court’s liberal justices agreed with that part of the decision, but they would have deferred to the EPA’s ability to make the statute work.

Justices Clarence Thomas and Samuel A. Alito Jr. said they disagreed that the agency had clear power to address greenhouse gases.

The EPA was challenged by industry groups, the Chamber of Commerce and a number of states, led by Texas.

“Today, the Supreme Court largely upheld EPA’s approach to focusing Clean Air Act permits on only the largest stationary sources of greenhouse gases such as power plants, refineries, and other types of industrial facilities,” the EPA said in its statement. “The Supreme Court’s decision is a win for our efforts to reduce carbon pollution because it allows EPA, states and other permitting authorities to continue to require carbon pollution limits in permits for the largest pollution sources.”
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Old 06-24-2014, 02:09 PM   #16
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Gina McCarthy is doing a real cock-up about the EPA's view of coal, she's twice told favorable audiences [Maher, Stewart] that the EPA is at war with coal, a little more obliquely on Maher, much more directly on TDS, so directly it's been scrubbed from TDS footage on their site but I know what I heard. Meanwhile she scurries around Congress and social media denying any such war in favor of the more ephemeral 'reducing pollution for our children' [Awwww!!!!]
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Old 06-24-2014, 02:27 PM   #17
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Originally Posted by patteeu View Post
There's a guarantee that the SC picks of a democrat will not be. That's the fate you tempt when you indulge in the feel-goodism of voting 3rd party today.
Then maybe the republican party should listen to the people who are voting third party and try to address at least a few of their concerns instead of doing everything in their power, including trying to change the rules of their own convention, in order to marginalize them.

You can bitch about 3rd party voters letting the democrats win, but they brought it on themselves with that bullshit, and Romney was just "Obama Light" anyway, so I'm not seeing the upside.
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Old 06-24-2014, 02:43 PM   #18
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Originally Posted by BigChiefTablet View Post
Then maybe the republican party should listen to the people who are voting third party and try to address at least a few of their concerns instead of doing everything in their power, including trying to change the rules of their own convention, in order to marginalize them.

You can bitch about 3rd party voters letting the democrats win, but they brought it on themselves with that bullshit, and Romney was just "Obama Light" anyway, so I'm not seeing the upside.
Maybe they should, but in the meantime, abstaining from the real election (i.e. refusing to vote for a major party candidate) to send a message is a good way to let the left retake control of the SCOTUS.
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Old 06-24-2014, 02:53 PM   #19
BigChiefTablet BigChiefTablet is offline
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Originally Posted by patteeu View Post
Maybe they should, but in the meantime, abstaining from the real election (i.e. refusing to vote for a major party candidate) to send a message is a good way to let the left retake control of the SCOTUS.
Well then they better hurry up and start considering our vote.
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Old 06-24-2014, 03:20 PM   #20
Direckshun Direckshun is offline
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Quote:
Originally Posted by Cochise View Post
The article in the OP is the MOST favorable spin on the opinion possible for the EPA.

The Court's opinion says that the EPA does not have the right to re-write statutes to say what they think they should say.
Scalia himself said that the EPA can regulate 83% of greenhouse gases.

The EPA was arguing to regulate 86%.

They got just about everything they wanted. Spin or not, that's the facts.
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Old 06-24-2014, 03:46 PM   #21
Direckshun Direckshun is offline
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Seems like the EPA's missteps were in the wake of Congressional inaction causing a complete dearth of specificity of what was expected of the EPA. The EPA did their best to adjust on the fly, creating a series of rules they believed should extend logically from the law's suppositions, which SCOTUS slapped down.

http://www.nytimes.com/2014/06/24/op...rity.html?_r=1

On Balance, a Good Ruling on Emissions
The Supreme Court Correctly Affirms the E.P.A.’s Authority
By THE EDITORIAL BOARD
JUNE 23, 2014

The Clean Air Act is a complex and often confusing piece of legislation, especially when it comes to confronting the challenges of global warming, which were not fully understood when the original law was passed in 1970.

At that time, the biggest risk to the environment and human health was believed to come from more “conventional” air pollutants, like sulfur dioxide and lead. But when the threat of greenhouse gases became clear, the Environmental Protection Agency needed the flexibility to combat it quickly and effectively.

That is what the E.P.A. has tried to do multiple times in the past several years, promulgating rules regulating the emissions of carbon dioxide — by far the most common greenhouse gas — from both automobiles and stationary sources like power plants. Those actions haven’t sat well with industries that will have to pay more in the short term as a result. They have challenged the agency’s authority repeatedly, but the Supreme Court ruled against them in 2007 and 2011.

Following another suit by a coalition of business interests and states, the court on Monday correctly affirmed the E.P.A.’s power and responsibility to regulate greenhouse gases under the act, even though five justices voted to disallow one of the agency’s regulatory tactics. The case, Utility Air Regulatory Group v. E.P.A., preserves the government’s ability to confront global warming while also demonstrating Congress’s persistent failure to update the law to meet modern needs.

In the absence of congressional action, the E.P.A. was left alone to deal with an impossible situation. The act targets “major sources” of pollution, initially defined as those that emitted more than 250 tons of pollutants each year. But carbon dioxide is emitted in vastly greater amounts. To keep the focus on the biggest polluters, like power plants and refineries, and avoid regulating millions of small sources, like hospitals and local businesses, the agency increased the threshold to 100,000 tons per year.

The point, as Justice Stephen Breyer argued in a partial dissent, was to adhere to the law’s clear purpose and to allow the agency the flexibility to make decisions based on new information.

Justice Antonin Scalia, writing for a 5-to-4 majority, rejected that position, arguing that “an agency may not rewrite clear statutory terms to suit its own sense of how the statute should operate.” Still, seven justices agreed that the agency could continue to regulate significant greenhouse-gas emissions from power plants that were already being regulated for emitting conventional pollutants — in other words, almost all power plants.

The Obama administration has made commendable efforts to fight global warming, most recently by issuing a proposed rule that aims to reduce carbon pollution from existing power plants 30 percent from 2005 levels by 2030. (Monday’s ruling does not directly affect the proposed power plant standards). There will always be companies that would just as soon avoid the necessary investments in cleaner energy. That’s all the more reason for the E.P.A. to use the authority it has been granted under the law.
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Old 06-24-2014, 03:46 PM   #22
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Old 06-25-2014, 03:08 PM   #23
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As it turns out, it's constitutional for the EPA to do their job.

Better start chopping down more trees to cut that carbon dioxide number down. ****ing trees. Oh wait, that's bass ackwards. ****ing Kansas science teachers!
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Old 06-25-2014, 03:26 PM   #24
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The EPA can get rid of email evidence as good as the IRS.

http://thehill.com/policy/energy-env...#ixzz35gAlKAXr
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Old 06-25-2014, 03:30 PM   #25
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Quote:
Originally Posted by patteeu View Post
There's a guarantee that the SC picks of a democrat will not be. That's the fate you tempt when you indulge in the feel-goodism of voting 3rd party today.
You are mischaracterizing me. I've voted 3P once and have 95%chosen the lesser of two evils when needed.

So your "purity" argument is BS. Furthermore, when it comes to our current police state the conservatives aren't doing a very good job -- AT ALL!
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Old 06-25-2014, 03:53 PM   #26
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Originally Posted by BucEyedPea View Post
You are mischaracterizing me. I've voted 3P once and have 95%chosen the lesser of two evils when needed.

So your "purity" argument is BS. Furthermore, when it comes to our current police state the conservatives aren't doing a very good job -- AT ALL!
I didn't mischaracterize you, that's just a misunderstanding. I was using "you" as a general "you" not a specific BEP "you".

My "purity" argument is unassailable.
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Old 06-25-2014, 10:02 PM   #27
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Old 06-25-2014, 10:09 PM   #28
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They never get tired of telling people what to do, do they?
Don't pollute this...don't release chemicals into that...don't poop in the hallway...It never ends.
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