Posted by Tina
The Supreme Court today will hear arguments that challenge the EPA’s authority:
The program in question is the Environmental Protection Agency’s permitting process for industry sources, which includes coal-fired power plants, chemical facilities and oil refineries.
In 2010, the EPA said its emissions standards for passenger cars “triggered” a need to regulate greenhouse gas pollutants under permits for new facilities because the gases were deemed an endangerment to “public health or welfare.”
Under the Clean Air Act, the EPA is allowed to review permits to determine if necessary technologies that would help limit pollution are being used in the construction and powering of plants.
The question before the court on Monday is if EPA extended its authority by including greenhouse gases to the list of pollutants it may regulate under the permits.
Sean Donahue, Legal Defense Fund thinks a ruling against the EPA would be a mistake: “It would take away legal pressure to reduce greenhouse gas emissions on the biggest polluters.”
Those bringing the case argue that the EPA is overstepping it’s authority. Rep. Ed Whitfield (R-KY), Chairman, House Energy and Commerce Committee’s subcommittee on Energy and Power: “The agency has been expansively construing its legal authorities under the Clean Air Act, and this ever-growing web of regulations has the potential to be the most complex, far-reaching and expensive in the agency’s history.”
The expansion of regulations authored by various agencies have begun to usurp the power of the people to legislate through their representatives. This will be an important decision.