Wed. Dec 1st, 2021

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Pictures: Patrick Semansky (AP)

Get away, Joe Manchin. There is a new climate villain of the month in Washington, DC.

Dr. in the Supreme Court on Friday Says It will hear a case that could limit the Environmental Protection Agency’s ability to control greenhouse gas emissions. There are many moving pieces and valid here. But the big picture is: the suit could be too, Too Too bad for the ability of the United States to do anything about climate change.

The timeline here is a bit complicated, but basically, the challenge that the court agreed to hear was actually brought against a rule that is not technically used. The EPA is legally obliged to regulate carbon emissions under the Clean Air Act following a 2007 Supreme Court decision. The Obama administration created the Clean Power Plan in 2016 just to do this, only to have it sent to court by legal impediment (coincidentally, This is one of the last works of Antonin Sclera in this world, Which seems like a reasonably bad exit). Since Trump came to office, his administration has drafted a proposed replacement for the Clean Power Plan, which comes as no surprise. Was super art-friendly (of course).

Last January, a court overturned Trump’s proposed rule. A coalition of 18 attorney generals from fossil energy-friendly states challenged that decision. The list of states and groups in the petition reads like a coal baron’s wet dream: the challenge is led by West Virginia Attorney General Patrick Morrisy, who complained that the ruling would give the EPA “virtually unlimited authority to control large areas of daily life.” It will increase energy costs and eliminate countless jobs. ” The decision of the Supreme Court on their appeal is somehow worthy of hearing.

“It’s a huge and a big surprise,” said Jeff Holmstad, a former EPA assistant administrator and now partner at Bracewell LLP, Told Bloomberg, Who noted that the case “will almost certainly prevent the Biden administration from moving forward with a new rule to control carbon emissions from the power sector. They will have to wait to see what the Supreme Court says.”

The court 18 State agreed to hear from the applicant As well as supporters of corporate, coal-loving challenges including Lignite Coal Council, North American Coal Corporation and Westmoreland Mining. There are fundamental questions about what the EPA is allowed to do when it comes to power plant control. It could be, in essence, Hamstring Thanks to Republicans and Sen. Joe Manchin, Biden’s ability to do something about climate change through executive power while Congress also twists its thumbs. Opposition to the necessary climate policy.

Some lawyers have noted that the timing is particularly inauspicious. The EPA currently has no specific rules on how it controls power plants. After Trump’s plan was tossed, the Biden administration said it was writing new rules, but nothing has yet been introduced for this appeal to the challenge. The fact that the Supreme Court is agreeing to hear this appeal when there is no EPA rule may be a show of strength for them. Strengthening the strength of the EPA more aggressively. The announcement comes as President Biden prepares to move on United Nations Climate Change Conference In Glasgow, where he already has to defend the embarrassing performance of Congress on climate on the world stage. Now, it turns out, he, too, has to answer questions about the Supreme Court’s decision.

The court is currently filled with conservative judges who have given their opinions Raising corporate interests (When human rights are violated) Very clean. The new justice, Amy Connie Barrett, has been seen flirting with mild climate denial when asked about science, Saying During her 2020 confirmation hearing that she “doesn’t have a strong view on climate change” (which means whatever). His father was also a Shell and lawyer at the American Petroleum Institute, The latter of which came against Obama’s clean power plan. The EPA’s powers to control greenhouse gas emissions must be navigated by the court’s conservative Gauntlet.

While the decision guarantees that there will be a one-size-fits-all verdict in the case, there is a slim chance that there could be consequences that would not be entirely dire. The Supreme Court may dismiss the case on a procedural basis. But it’s important to remember that this is a great time for environmental protection for those who want to hear a big case about the nakedly conservative, corporate-friendly turn of the majority of SCOTUS.

Happy Friday, I guess.

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