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Alito: 'A pollutant is a subject that is harmful to human beings or to animals or to plants. Carbon dioxide is not a pollutant. Carbon dioxide is not harmful to ordinary things, to human beings, or to animals, or to plants. It’s actually needed for plant growth. All of us are exhaling carbon dioxide right now. So, if it’s a pollutant, we’re all polluting.'
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OK, then what is the EPA to do? Well, no problem. They took out their pen and crossed out the numbers that Congress enacted, and they wrote in their own numbers. Amazingly, four of my colleagues said this is a reasonable interpretation of the statute. And therefore, it is OK.
Now, if the administrative agency can do that, I don’t know what an administrative agency cannot do. Lawmaking power has been transferred from Congress to the executive......To Read More.....
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