EPA Told To Do Its Job
This is great news for California. Between the auto industry and the feds, our state has been stymied in its efforts to regulate greenhouse gases as pollutants. On the one hand, the auto industry has argued in its own suit against California that only the federal government has the authority to regulate anything that might affect fuel economy. And then, on the other hand, the EPA has argued that it lacks that same authority because greenhouse gases are not covered by the Clean Air Act--Catch-22.
Well, the Supreme Court put a 5 to 4 stake through the second half of those arguments, not only instructing EPA to exercise the oversight required by the Clean Air Act, but lending support to California's adoption of it's own stricter standards. Now we should finally see some movement on the issue of getting Big Auto's fuel economy case tossed out of the court system. That case is currently on hold in the Federal Circuit pending the outcome of Massachusetts v. EPA.
The four dissenting Justices claimed that the Plaintiffs should not have been heard. They said the states did not meet a 3-part definition that lets a plaintiff stand: that it had suffered a “concrete and particularized injury,” that the injury was “fairly traceable to the defendant” and that a favorable decision would be likely to “redress that injury.”
The court is so politicized right now, it amazes me when a decision like this comes out!
As for the decision, I'm not really surprised. It's not uncommon for members of the court, Scalia aside, to move to the center and maintain some balance.
Sumo... Me too, but not usually in a good way.
Oh well... Go California!