bripat9643
Diamond Member
- Apr 1, 2011
- 170,170
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Biden isn't enforcing the Clean Power Plan because it doesn't have the authority to enforce it. The EPA cannot impose limits on CO2 simply with rule making. That requires an act of Congress. That's what the SC ruling says. I realize that you eco-nutburger don't want to have to get the permission of Congress to impose your Orwellian schemes, but that is what the court is telling you.So, you're having difficulty finding anywhere in the majority opinion where SCOTUS tells the EPA they can't classify CO2 as a pollutant. But I suspect that you're having such a hard time understanding the legalese you can't tell whether you're just not seeing it or it's just not there. I'll give you a hint. It's just not there.
What SCOTUS has stopped here was the approach of the Clean Power Plan, an approach that the Biden administration had already said they weren't going to enforce - and was actually never enforced at any time - because they were working on new rulemaking. The power industry, all on their own in response to market pressures and perhaps a tinge of conscience, had already surpassed the emission reduction goals of the Clean Power Plan by using the precise same "generation-shifting" methods the CPP would have applied. SCOTUS is telling the EPA that the only method by which they can enforce emission reductions is by ordering power producers to modify existing equipment with new technological solutions. The majority opinion's conclusion that Congress never intended and would not have approved of the method by which the EPA intended to effect emission reduction is absurdly flawed. The self-applied blinders the majority wear during what they want to pass off as an objective analysis has led them to precisely the results they desired. Fairly pathetic how selective are the conservative bellowing re the evils of an activist judiciary. The conservative majority's claim to be strict textualists is rolling like a top in it's dark little grave.