Answer: SCOTUS has only curtailed the EPA’s (a federal government Administrative Agency) liberal reading of congressional acts /statutes to basically increase or enhance their authority – in this case, forcing the US to shift from fossil fuels to renewable energy. In today’s Opinion, the court did not give due deference to the EPA’s liberal interpretation of Congress’ Clean Air Act.
IMPORTANT TO NOTE: This does not address the liberal interpretations of ALL federal government agencies.
Those will have to be decided on a case by case basis, and we can be assured that those suits are out there waiting against every liberal bloated authoritarian federal agency involved in increasing their authority, which they get away with under Democrat and sometimes Republican administrations. Trump attempted to put a stop to their overreaching grasp on authoritative governance.
But if we have the right judges, they can curtail the agency’s excessive authority and power given to them by Congress. And thus chip away at the gargantuan monument that’s been created by both Congress and the Courts.
Since 1935 (The New Deal), the Court has never invalidated Congress’ unconstitutionally delegating away its constitutional power. Since that time the court has not effectively challenged congress in giving away its legislative responsibilities to the executive and judicial, hence the rise of the administrative state, which essentially parallels modern life and goes hand in hand with the development of technology which in the end will be our ruin.
Comments below:
WEST VIRGINIA, ET AL., PETITIONERS 20–1530 v.
ENVIRONMENTAL PROTECTION AGENCY, ET AL.
THE NORTH AMERICAN COAL CORPORATION, PETITIONER
20–1531 v.
ENVIRONMENTAL PROTECTION AGENCY, ET AL.
WESTMORELAND MINING HOLDINGS LLC, PETITIONER
20–1778 v.
ENVIRONMENTAL PROTECTION AGENCY, ET AL.
NORTH DAKOTA, PETITIONER 20–1780 v.
ENVIRONMENTAL PROTECTION AGENCY, ET AL.
ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
[June 30, 2022]
COMMENTS from Brian Cates, others:
West Virginia case goes first.
Chief Justice John Roberts writes it. 6-3.
From SCOTUS BLOG:
Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the (Obama era) Clean Power Plan.
“It is apparent that at least one group of petitioners–the state petitioners– are injured by the” D.C. Circuit’s decision vacating the (Trump-era) ACE rule and its repeal of the Clean Power Plan.
Trump wins again.
Biden’s EPA tried to reverse all the changes made under Trump’s EPA. But the changes Trump’s EPA made were just reinstituted.
Great comment at SCOTUS blog:
Major Questions doctrine exists to enforce the idea that Congress must specifically tell agencies what to do, rather than pass broad enabling legislation that executive agencies can interpret as they see fit – thereby diluting political accountability
The EPA’s view of its authority, Roberts writes, “was not only unprecedented; it also effected a ‘fundamental revision of the statute, changing it from [one sort of] scheme of . . . regulation’ into an entirely different knd.”
You might enjoy perusing this: SCOTUSblog dot com
POWER back to THE PEOPLE.
NOT Sure I understand this .. SO let me get this straight .. Scotus Said NOPE BIDEN can not do this for the Green NEW DEAL is that correct ? and it is the HOUSE that make the laws. like congress correct.. BUT TRUMP . put in place that the EPA can not do that am I right . they have to follow what the constitution says . that ity is not up to BIDEN to do this so it stays on what TRUMP DID THEN ?