Tuesday, April 29, 2014

Scalia & Thomas will support Corps even if it kills them


And in the latest Supreme Court decision Tweedle Dumb And Tweedle Dumber were the only ones to oppose a decision in favor of clean air.
In a major environmental victory for the Obama administration, the Supreme Court on Tuesday upheld the Environmental Protection Agency’s authority to regulate the smog-causing pollution from coal-fired power plants that wafts across state lines from 27 Midwestern and Appalachian states to the East Coast.

The 6-to-2 ruling upholds a centerpiece of what has become a signature of President Obama’s environmental agenda: a series of new Clean Air Act regulations aimed at cutting pollution from coal-fired power plants. Republicans and the coal industry have criticized the effort as a “war on coal.”

Legal experts said the decision, written by Justice Ruth Bader Ginsburg, signaled that the Obama administration’s efforts to use the Clean Air Act to fight global warming could also withstand legal challenges. The E.P.A. is expected to unveil in June a sweeping new climate change regulation, using the authority of the Clean Air Act to rein in carbon pollution from coal plants.

The regulations covering cross-state air pollution, known as “good neighbor” rules, have pitted Rust Belt and Appalachian states like Ohio and Kentucky against East Coast states like New York and Connecticut...

In a dissent, Justice Antonin Scalia, joined by Justice Clarence Thomas, suggested that the regulation was Marxist and unwieldy.
Marxist! Now here is a legal principle that has not been heard much of recently. Will we be hearing more of it in the future?

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