Some Big News From the Supreme Court

The Supreme Court today decided to hear a challenge to the authority of the EPA to regulate emissions of so called greenhouse gases from factories, power plants and other "stationary" sources.  This is probably the most important environmental case to come before the court in a decade.  If the Court strikes down the power of the EPA to issue these regulations, then the War on Coal being waged by president Obama and his administration will be brought to a halt.  Since Obama was unable to get Congress to pass measures to limit greenhouse gas emissions of the sort in question even during 2009 and 2010 when the Democrats had overwhelming control of both houses, the president moved his policy making to the EPA which used its supposed regulatory power to proclaim strict limits that have the effect of making coal powered plants impossible to run economically.  If the Supreme Court rules that it would take an act of Congress to give the EPA the power to issue those regulations, it would be a major boon for the economy of states like West Virginia, Pennsylvania, Ohio and others with substantial coal mining interests.  Tens of thousands of miners would see their jobs saved, and electricity rates around the country would stop rising.

It is important to note that the Court of Appeals from which the appeal is coming already ruled unanimously that the EPA has the power to make the regulations in question.  There are no decisions which go the other way.  That means that the Supreme Court is not trying to settle differences between to different courts.  No, the Supreme Court is most likely trying to right a wrong decision issued by the lower court.

To be sure, I have practiced law for enough decades to know that one cannot ever know why the Supreme Court takes a case.  It may be that the Court wants to emphasize that the EPA has this power.  I don't think so, however.

One thing, however, is certain. By the end of this term, the Supreme Court may well turn the power of the EPA upside down and leave the power to make laws regarding the use of coal with Congress and only Congress.