Justices May Yet Save EPA’s Endangered Farting Cows

The US Supreme Court has agreed to “revisit” its earlier historical ruling expanding EPA powers over “greenhouse gases” & many legal scholars are predicting a reversal, suggests the WSJ.

The editorial board noted how the Justices “rudely interrupted President Biden’s trip to the Glasgow climate confab by agreeing to hear [two] cases that could lead to their overturning “their misguided” 2007 Massachusetts v EPA decision that gave the fed agency unprecedented power to regulate CO2 emissions without Congressional authority. You might recall it was four liberals Justices & Justice Anthony Kennedy who ruled against aka "go after" greenhouse gas emissions, including C02 and methane (where do you think we got the goofy progressive idea to ban farting cows?). The Obama Administration used the case to “mount a regulatory assault on [all] fossil fuels”.

But, as the WSJ reminded, there’s been a huge legal elephant in the room since & especially since Trump appointed 3 conservative Justices. That being, Congress never explicitly gave the EPA the power to regulate greenhouse gases as a pollutant under the controlling Clean Air Act. It concluded: “The new cases are a chance for the [less liberal] Court to state that, if Congress wants to regulate greenhouse gases as a pollutant, it should [clearly, unequivocally] say so. That would be a victory for the Rule of Law and the proper understanding of the Separation of Powers” clause in the Constitution. Cows of America, take heart!

Davd Soul