Op-Ed: Another devastating Supreme Court decision — this time for the environment and public safety (via latimesopinion)
The Supreme Court’s 6-3 decision on Thursday to severely limit the authority of the Environmental Protection Agency to combat greenhouse gas emissions is devastating at a time when climate change endangers the planet.
The U.S. Court of Appeals for the District of Columbia Circuit ruled that the Trump administration failed to follow proper procedures in rescinding the Obama-era plan and in enacting its own approach. West Virginia and several coal companies appealed to the Supreme Court for review.Under basic and well-established legal principles, the justices should have dismissed this case. The EPA has stated that it does not intend to revive either the Obama or the Trump plans.
Instead, every industry and corporation unhappy with a regulation that might cut into its profits can now sue the government on the grounds that Congress did not provide specific authority for the rule. The court’s anti-regulatory approach rejects this reality: The smooth functioning of government requires that Congress be able to delegate to agencies broad authority to deal with urgent issues — such as climate change and a pandemic — without amending the laws at every instance.
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