D.C. Circuit Judge Brett Kavanaugh called EPA’s emissions regulations “the most burdensome, costly, far-reaching program ever adopted by a United States regulatory agency.”
Today, the U.S. Supreme Court granted certiorari, or announced that they will consider a challenge to a key aspect of EPA’s regulatory regime. At issue is whether “the EPA correctly determined that its own decision to regulate greenhouse gas (GHG) emissions from motor vehicles automatically gave it the authority to regulate emissions from stationary sources like power plants and oil refineries.” Reuters.
In May, CFACT submitted a brief in support of the Supreme Court’s grant of certiorari. Read CFACT’s legal brief here.
If EPA can extend its “endangerment finding” from transportation to stationery enterprises, it will bring virtually all aspects of the U.S. economy under its control. This is a major expansion of federal power that goes far beyond the statutory mandate Congress gave EPA under the Clean Air Act.
Today’s Supreme Court action raises the hope that the Court will live up to its most fundamental obligation, restraining government from exceeding the bounds placed upon it by the Constitution and the law.