The U.S. Supreme Court has overturned a centerpiece of
the U.S. Environmental Protection Agency’s (EPA) strategy to regulate
greenhouse gas emissions under the Clean Air Act, clearly reining in the agency
from what has become a pattern of regulatory overreach. This will prove to be a
heavy blow to the EPA’s future plans to regulate carbon.
The Court overturned the EPA’s Tailoring Rule this past
week, which was a truly breathtaking example of the EPA’s efforts to change the
law to suit its agenda. The Clean Air Act requires that facilities that release
certain thresholds of pollutants obtain a permit, depending on the type of
facility. Congress established these levels so that only large industrial and
manufacturing plants would need permits.…..The best idea would have been not to regulate
carbon at all, but the EPA had another solution: “Tailor” the statute – or
essentially rewrite it…..That way the EPA could avoid politically untenable
regulatory chaos while pursuing its agenda.
The Supreme Court, however, saw the issue much
differently. The Court told the EPA that basic Separation of Powers principles
do not permit Executive Branch agencies to rewrite duly enacted laws. The Court
therefore struck down the Tailoring Rule, holding that “it would be patently
unreasonable – not to say outrageous – for the EPA to insist on seizing
expansive power” to rewrite Congressional enactments…..To Read More….
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