by Dave Dickey
August 31, 2022
Extract:
Read more here: https://investigatemidwest.org/2022/08 ... ollutant/(Investigate Midwest) The Supreme Court found (in West Virginia v. EPA) that Congress, in passing the Clean Air Act, had not given the Environmental Protection Agency broad regulatory authority to institute generation shifting (exchanging high producing sources like coal to lower ones like natural gas, wind, and solar). In his concurring opinion Justice Neil M. Gorsuch put the smack down on Congress:
“When Congress seems slow to solve problems, it may be only natural that those in the executive branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives.”
Well, Justice Gorsuch, now it has. Tucked in landmark climate law passed earlier this month are amendments to Title VI of the Clean Air Act. New language defines greenhouse gas as carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
The bottom line is that greenhouse gases in general and carbon dioxide in particular are pollutants under the Clean Air Act, giving EPA an opportunity to develop new plans to combat climate change.