Saturday, October 25, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Justices rap EPA, but uphold global warming rules

By
June 24, 2014 |

WASHINGTON — The Supreme Court largely left intact Monday the Obama administration’s only existing program to limit power plant and factory emissions of the gases blamed for global warming. But a divided court also rebuked environmental regulators for taking too much authority into their own hands without congressional approval.

The justices said in a 5-4 vote along ideological lines that the Environmental Protection Agency cannot apply a permitting provision of the Clean Air Act to new and expanded power plants, refineries and factories solely because they emit greenhouse gases.

The decision underscores the limits of using the Clean Air Act to deal with greenhouse gases and the administration’s inability to get climate change legislation through Congress.

“The Supreme Court put EPA on a leash but not in a noose,” said Michael Gerrard, director of Columbia University’s Center for Climate Change Law.

“It reaffirmed that EPA can regulate greenhouse gases, but it can only go so far in reinterpreting the statute,” Gerrard said. “The court invalidated a small corner of a secondary program. The main event — EPA’s proposed rules on existing power plants — remains to be fought another day.”

The EPA and many environmental advocates said the ruling would not affect the agency’s proposals for first-time national standards for new and existing power plants. The most recent proposal aims at a 30 percent reduction in greenhouse gas emissions from existing power plants by 2030, but won’t take effect for at least another two years.

The justices warned that the regulation of greenhouse gases is not automatic under every program of the Clean Air Act as the administration had assumed it was. Similar logic is driving the EPA’s other actions on global-warming pollution.

Justice Antonin Scalia, writing for his conservative colleagues, said EPA could not “just rewrite the statute” to bring greenhouse gases under a provision dealing with expanded and new facilities that would increase the overall amount of air pollution. Under the program, companies must evaluate ways to reduce carbon dioxide emissions in order to get a permit to build. Carbon dioxide is the chief gas linked to global warming.

But by a wider, 7-2 margin, the court preserved EPA’s authority over facilities that already emit pollutants that the agency regulates, other than greenhouse gases.

“EPA is getting almost everything it wanted in this case,” Scalia said. He said the agency wanted to regulate 86 percent of all greenhouse gases emitted from plants nationwide, and it will it be able to regulate 83 percent of the emissions under the ruling. Justices Samuel Alito and Clarence Thomas said they would go farther and bar all regulation of greenhouse gases under the permitting program.

The EPA called the decision “a win for our efforts to reduce carbon pollution because it allows EPA, states and other permitting authorities to continue to require carbon pollution limits in permits for the largest pollution sources.”

The agency said that, as of late March, 166 permits have been issued by state and federal regulators since 2011.

Permits have been issued to power plants, but also to plants that produce chemicals, cement, iron and steel, fertilizer, ceramics and ethanol. Oil refineries and municipal landfills also have obtained greenhouse gas permits since 2011, EPA said.

Under Monday’s ruling, the EPA can continue to require permits for greenhouse gas emissions for those facilities that already have to obtain permits because they emit other pollutants that the government has long regulated.

The program at issue is the first piece of the EPA’s attempt to reduce carbon output from large sources of pollution.

The utility industry, the U.S. Chamber of Commerce and 13 states led by Texas had asked the court to rule that the EPA overstepped its authority by trying to regulate greenhouse gas emissions through the permitting program. The administration failed to get climate change legislation through Congress.

In 2012, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit concluded that the EPA was “unambiguously correct” in using existing federal law to address global warming.

The agency’s authority came from the high court’s 2007 ruling in Massachusetts v. EPA, which said the Clean Air Act gives EPA power to limit emissions of greenhouse gases from vehicles.

Two years later, with Obama in office, the EPA concluded that the release of carbon dioxide and other heat-trapping gases endangered human health and welfare. The administration used that finding to extend its regulatory reach beyond automobiles and develop national standards for large stationary sources. Of those, electric plants are the largest source of emissions.

When the Supreme Court considered the appeals in October, the justices declined requests to consider overruling the court’s 2007 decision, review the EPA’s conclusion about the health effects of greenhouse gas emissions or question limits on vehicle emissions.

Scalia said the principal objection to the EPA’s interpretation of the clean air law was that it claimed authority “to regulate millions of small sources — including retail stores, offices, apartment buildings, shopping centers, schools, and churches — and to decide, on an ongoing basis and without regard for the thresholds prescribed by Congress, how many of those sources to regulate. We are not willing to stand on the dock and wave goodbye as EPA embarks on this multiyear voyage of discovery.”

Industry groups praised the court for reining in the EPA’s authority. “It is a stark reminder that the EPA’s power is not unlimited,” said Harry Ng, vice president and general counsel of the American Petroleum Institute, the oil and natural gas industry’s trade association.

But David Doniger, director of the climate and clean air program at the Natural Resources Defense Council, said the ruling was a green light for the administration’s proposal to cut greenhouse gas emissions from existing power plants. “There’s no adverse effect on EPA’s power plant proposal. In fact, it looks like the court is reaffirming EPA’s authority to set those standards,” Doniger said.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

 
 
No new murder trial for Calkins, judge rules

By Ryan McCarthy | From Page: A3

 
Optimist Club brings youth together for Halloween golf

By Amy Maginnis-Honey | From Page: A3

Cut-a-thon to help fight cancer, abuse

By Susan Hiland | From Page: A3

 
Fall Harvest Festival brings children back to school

By Susan Hiland | From Page: A3 | Gallery

School board candidates forum set next week

By Susan Winlow | From Page: A4

 
Haunted hikes offered for brave souls at park

By Susan Hiland | From Page: A4

 
Staying active may prolong your life

By Scott Anderson | From Page: B8

 
Suisun City police log: Oct. 23, 2014

By Susan Hiland | From Page: A9

.

US / World

Suspect arrested in death of 2 California deputies

By The Associated Press | From Page: A1

 
KC-10 from Travis lands in Houston, smoke in cockpit

By The Associated Press | From Page: A3

Reagan astrologer, Joan Quigley, dies at 87

By The Associated Press | From Page: A4

 
Jury says castrated sex offender should be freed

By The Associated Press | From Page: A4

Remains belong to missing Virginia student

By The Associated Press | From Page: A5

 
Dallas nurse receives thanks, hug from Obama

By The Associated Press | From Page: A5, 1 Comment

School gunman was Homecoming prince, students say

By The Associated Press | From Page: A5

 
Lava creeps toward road on Hawaii’s Big Island

By The Associated Press | From Page: A5

NY, NJ order Ebola quarantine for doctors, others

By The Associated Press | From Page: A9

 
Gunman in Canada attack complained about mosque

By The Associated Press | From Page: A10

Egypt declares emergency in northern Sinai

By The Associated Press | From Page: A10

 
Militant group said to be using chlorine bombs

By The Associated Press | From Page: A10, 1 Comment

Putin accuses US of undermining global stability

By The Associated Press | From Page: A10

 
.

Opinion

Return Garamendi to Congress

By Daily Republic | From Page: A8

 
Editorial Cartoons: Oct. 25, 2014

By Daily Republic Syndicated Content | From Page: A8

SEIU shouldn’t own Board of Supervisors

By Letter to the Editor | From Page: A8, 1 Comment

 
Vote, and make a difference

By Letter to the Editor | From Page: A8

Yes on Measure A

By Letter to the Editor | From Page: A8

 
Spering best choice for county supervisor

By Daily Republic | From Page: A8

.

Living

Today in History: Oct. 25, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Oct. 25, 2014

By Susan Hiland | From Page: A2

Horoscopes: Oct. 25, 2014

By Holiday Mathis | From Page: A7

 
My mother-in-law wants me to convert to Catholicism, but I don’t want to

By Kathy Mitchell and Marcy Sugar | From Page: A7

Hello Kitty turning 40, and the birthday bash will be ‘supercute’

By Mcclatchy-Tribune News Service | From Page: B8

 
.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B9

 
TLC cancels its ‘Honey Boo Boo’ series

By The Associated Press | From Page: B9

P.D. James’ riff on Jane Austen comes to TV

By The Associated Press | From Page: B9

 
.

Sports

Vintage rolls past Armijo, 55-8

By Mike Corpos | From Page: B1

 
Mustangs fall flat in rout by Wildcats

By Marcus Lomtong | From Page: B1

Royals beat Giants 3-2 for 2-1 World Series lead

By The Associated Press | From Page: B1 | Gallery

 
Vargas to take on Vogelsong in Game 4 of Series

By The Associated Press | From Page: B1 | Gallery

Falcons hang with Wolves in 34-8 setback

By Paul Farmer | From Page: B1 | Gallery

 
Hamilton helps Vanden sink Vallejo, 35-0

By Nick DeCicco | From Page: B1

Unfazed, 49ers coach Jim Harbaugh doing it his way

By The Associated Press | From Page: B2

 
Lloyd leads US women past Mexico 3-0

By The Associated Press | From Page: B2

Raiders’ Woodley, Young expected to be placed on IR

By The Associated Press | From Page: B2

 
Henley’s putting gets him lead at Sea Island

By The Associated Press | From Page: B2

Judge halts New Jersey’s sports betting plan

By The Associated Press | From Page: B2

 
Joe Maddon exercises opt-out, won’t return to Rays

By The Associated Press | From Page: B2

Jamie McMurray bests Chase drivers to win pole

By The Associated Press | From Page: B2 | Gallery

 
Attorney: NFL, Ravens not helping union in Rice probe

By The Associated Press | From Page: B2

SCC women’s soccer team falls to Mendocino 3-1

By Daily Republic staff | From Page: B2

 
This date in sports history for Saturday, Oct. 25, 2014

By The Associated Press | From Page: B3

 
.

Business

US official: Auto safety agency under review

By The Associated Press | From Page: B4

 
Ford profit falls in third quarter on truck costs

By The Associated Press | From Page: B4

Procter & Gamble taking out its batteries

By The Associated Press | From Page: B4

 
UPS expects double-digit surge in Dec shipments

By The Associated Press | From Page: B4

US new-home sales close to flat in September

By The Associated Press | From Page: B4

 
.

Obituaries

Melvin Tate

By Nancy Green | From Page: A4

 
Mark Dean Lindsay

By Nancy Green | From Page: A4, 1 Comment

Dr. Robert M. Takamoto

By Nancy Green | From Page: A4

 
.

Comics

Baby Blues

By Daily Republic Syndicated Content | From Page: A6

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: A6

Sally Forth

By Daily Republic Syndicated Content | From Page: A6

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: A6

Blondie

By Daily Republic Syndicated Content | From Page: A6

 
Zits

By Daily Republic Syndicated Content | From Page: A6

For Better or Worse

By Daily Republic Syndicated Content | From Page: A6

 
Peanuts

By Daily Republic Syndicated Content | From Page: A6

Pickles

By Daily Republic Syndicated Content | From Page: A6

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: A6

B.C.

By Daily Republic Syndicated Content | From Page: A6

 
Dilbert

By Daily Republic Syndicated Content | From Page: A6

Get Fuzzy

By Daily Republic Syndicated Content | From Page: A6

 
Rose is Rose

By Daily Republic Syndicated Content | From Page: A6

Garfield

By Daily Republic Syndicated Content | From Page: A6

 
Baldo

By Daily Republic Syndicated Content | From Page: A6

Crossword

By Daily Republic Syndicated Content | From Page: A7

 
Bridge

By Daily Republic Syndicated Content | From Page: A7

Sudoku

By Daily Republic Syndicated Content | From Page: A7

 
Word Sleuth

By Daily Republic Syndicated Content | From Page: A7

Cryptoquote

By Daily Republic Syndicated Content | From Page: A7

 
.

Home Seller 10/25/14

Real estate transactions for Oct. 25, 2014

By Daily Republic | From Page: HSR2