Rampage
Member
The following is excerpted from: https://loe.org/shows/segments.html?programID=22-P13-00009&segmentID=1
Curwood:
"Congress has yet to enact comprehensive climate legislation, so if the Biden administration wants to set America on track for net zero carbon emissions by 2050 it will have to rely on executive orders and regulations. According to a landmark ruling by the US Supreme Court in 2007 CO2 is an air pollutant that the Environmental Protection Agency must regulate. But so far EPA efforts to actually curb the large amounts of global warming gases from power plants have gotten snarled in litigation. And just the other day a more conservative Supreme Court heard arguments in a case that could tie the hands of the EPA, even though those rules don’t even exist." ...
CURWOOD:
"So, Pat, I'm confused. Conservatives have said for a long time that judges shouldn't be activists. But to what extent is this so-called conservative Supreme Court changing along those lines?"
PARENTEAU:
"Oh, right. I mean, they're reaching out for cases that in the past, the Supreme Court would never take. The big kahuna case on the calendar of the Supreme Court this year, the West Virginia versus EPA case involving regulation of greenhouse gases from power plants, for example, there is no rule on the books right now regulating these emissions. So the Supreme Court has taken review of an abstract question of what is EPA's authority to regulate these plants before the Biden administration has even adopted a rule! It's the very definition of an activist court."
Source: Living On Earth
Is the Roberts court genuinely "activist"? And even if so, is that bad, if they promote conservatism?
Curwood:
"Congress has yet to enact comprehensive climate legislation, so if the Biden administration wants to set America on track for net zero carbon emissions by 2050 it will have to rely on executive orders and regulations. According to a landmark ruling by the US Supreme Court in 2007 CO2 is an air pollutant that the Environmental Protection Agency must regulate. But so far EPA efforts to actually curb the large amounts of global warming gases from power plants have gotten snarled in litigation. And just the other day a more conservative Supreme Court heard arguments in a case that could tie the hands of the EPA, even though those rules don’t even exist." ...
CURWOOD:
"So, Pat, I'm confused. Conservatives have said for a long time that judges shouldn't be activists. But to what extent is this so-called conservative Supreme Court changing along those lines?"
PARENTEAU:
"Oh, right. I mean, they're reaching out for cases that in the past, the Supreme Court would never take. The big kahuna case on the calendar of the Supreme Court this year, the West Virginia versus EPA case involving regulation of greenhouse gases from power plants, for example, there is no rule on the books right now regulating these emissions. So the Supreme Court has taken review of an abstract question of what is EPA's authority to regulate these plants before the Biden administration has even adopted a rule! It's the very definition of an activist court."
Source: Living On Earth
Is the Roberts court genuinely "activist"? And even if so, is that bad, if they promote conservatism?