
The Brownification of the EPA looks like it's having consequences:
The Supreme Court today ordered the Environmental Protection Agency to reconsider its refusal to regulate greenhouse gas emissions, narrowly siding with 12 states and various environmental groups in a battle with the Bush administration over global warming.
In a 5-4 decision, the court ruled after a four-year court battle that the EPA has "a statutory obligation" under the Clean Air Act to regulate cars' emissions of carbon dioxide and other greenhouse gases. It said the agency based its refusal to do so on "impermissible considerations" in an arbitrary and capricious way and that it must take a fresh look at the issue, grounding its reasons for action or inaction on the law.
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"EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change," Justice John Paul Stevens wrote for the majority. Joining him were Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and Anthony M. Kennedy.
Dissenting were the four most conservative members of the court: Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.
Roberts argued that while global warming may be a "crisis" and even "the most pressing environmental issue of our time" as the plaintiffs alleged, it is not an issue requiring the intervention of Supreme Court. He said the majority's decision transgressed the proper role of the courts in a democratic society.
Yeah, it's not like it was a presidential election or anything.
Is there anything of value in this country they haven't trashed?
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No.
This has been another edition of simple answers to simple questions. Thank you, come again.
i want to be first
rats
there are four names that need to be revisited and some most certainly impeached for crimes committed as a justice. the florida rehash is a prime example, and we have seen another today. someone that would vote to kill us with pollution?
they are in favor of us dying from pollution? can anyone even believe that four members of our supreme court could vote to kill us?
this is a crime for which they need to be expelled, NOW.
It seems to me that the dissent says that the executive branch is not required to follow the laws passed by congress. Isn’t it that simple?
Bush is afraid of baseball fans. This is really ironic because his dream job is baseball commissioner. But now he’s afraid to go on the field.
i want to seceed (sp?) from this insane country and live in the state of Hamsher!
At least this story didn’t come out yesterday!
…Blair about to embrace opium…
“Let my armies be the rocks and the trees and the birds in the sky’.” (Movie metaquote)
Maybe Roberts missed Law School the day they taught, “law?” His point is that everyone at the EPA, a government monopoly, will cash their pay checks twice a week, in return for NOT enforcing laws and regulations that only they have jurisdiction over. That’s Robert’s brand of “strict constructionism.“
Holy shit, legalizing opium production?! It actually makes alot of sense, in terms of winning hearts and minds.
They ordered the EPA to… reconsider?
Somehow I don’t think that’s going to make a whole lot of difference.
“Okay, we reconsidered, and we *still* think greenhouse gases are totally awesome!”
Between this ruling today and the court ruling on Bush’s Forest Rules I say we had good fortune this last week. Environmental oversight is back and I don’t think he can pull this crap again for the next 2 years. He will try however.
here’s a blast from the past…. remember when eric schaeffer (EPA, Director, Office of Regulatory Enforcement ) resigned in protest? here’s his letter, from from more than 5 years ago. it’s a bit too long to be quoted in full, and it really is worth a read.
there is so much to be put right.
John Casper @
10
When time permits, I would like to see the case law cited in that decision’s dissenting opinion.
Who put this arsenic in my water?
AZ Matt @ 13
Let’s hope there will be no more Bush appointees
selise @ 14
like the 9/11 EPA lie about air quality
Can D Congress run out the clock if one of the Supremes quits/dies?
Peter @ 6
It is more like that the Roberts’ dissent would have raised the bar so high for standing that the issue would have been nonjusticiable because no one would have standing and only the Congress could have addressed it.
Also the idea that Massachusetts wouldn’t have standing seems bizarre to me. The state is precisely the actor that can stand in for its citizens for injuries that are small individually but in the aggregate are significant. That a specific injury to a specific actor is not adduced seems beside the point. It is after all the Environmental Protection Agency, and the environment is by its nature general whose effects are measured usually not individually but in the aggregate. Who better than the state to ask the EPA to do its job?
Well, I reluctantly have to side with Roberts on this one, as we all know that the proper role for the Sp. Court is intervening in state court disputes in order to stop vote recounts and annoint the Presidency upon the most conservative candidate.
It will take us another five decades or more to recover from the disaster known as Bush.
eCAHNomics @ 19
Dunno, but then there’d be eight — what happens in a “tie” decision?
Hugh @ 20
Maybe only the environment itself has standing to bring a suit?
Another nail in the coffin of Giuliani’s prez ambitions.
What is this crap I am hearing that Patreaus has been having secret meetings with the Republican caucus and that they have told him that they dont think this surge is working and they have to see real results by august or they are going to pull the plug in September? Does anyone have additional information on these secret meetings?
Eli @ 23
takes me back to early enviro law “Should Trees Have Standing?”
neokneme @
9
It’s been done for a while now in Turkey with success.
http://bcsia.ksg.harvard.edu/p.....em_id=1340
IIRC..One of the first exec. orders issued by Bush after becoming President, was stopping the requirement of power co’s to to upgrade emission controls when power plants were upgraded. This was worth ~$17 billion, a good return on their bribes to the RNC and the Bush campaign.
Goreification of EPA.
Elliott @ 22
Is there a lawyer in the house?
Stephen Parrish, CPA @ 15
The opinion is here with the dissents following:
http://www.supremecourtus.gov/.....5-1120.pdf
Steambomb @ 25
From Think Progress
http://thinkprogress.org/2007/.....us-caucus/
Steambomb @ 25
Sounds like shrub’s answer to a dem-controlled congress. Form a shadow rethug congress.
My answer was “yes: CEO compensation” until I reread and saw you asked about anything of value.
Nope - they trashed everything. Food, water, soil, forests, atmosphere, forests, seas, rivers. This lot saw the Arctic trashed on their watch due to their policies - and smirked.
The Nazis never imagined international war crimes trials.
The Bushies and Big Energy/Chemicals never imagined international eco-crimes trials.
As usual, their imaganation is sadly lacking.
SHOULD TREES HAVE STANDING?
“In this influential work, Professor Stone argues that special guardians be empowered to speak for the “voiceless” elements in nature, in effect, to give legal standing in the court of law to endangered species and threatened forests.
Should Trees Have Standing?
So long for the ENVIRONMENTAL PATHETIC AGENCY. Thank goodness for Kanye West, again. The Good Water Store Cafe.
Eli @ 23
The environment is already taking action. It’s called global warming.
Elliott @ 35
I took a technology and ethics class in college, and the entire ethical discussion about nature and wildlife centered around its value to man, which I found kind of shocking. I was the only one who asked whether plants or animals had any kind of intrinsic rights which should be respected.
I’m sure Senator Inhofe has a good speech about the evils of judicial activism prepped for this ruling…
Elliott @ 17
Griles is gone from Interior. This Julie McDonald at US Fish & Wildlife is in trouble.
Eli @ 38
It’s bizarre to me that there’s any doubt about those intrinsic rights. But we still are in the minority.
If a tree fell in the Supreme Court, would it make a sound?
Blub @ 39
The poster boy for ball gags.
Hey, if you don’t like any of the Dem candidates in ‘08, vote for Al Goldstein.
Twisted Martini @ 44
At the very least, it might lead to an interesting redefinition of “civil”…
Wasn’t it Reagan who said, “when you’ve seen one Redwood, you’ve seen ‘em all”?
angie @ 27
*cya*
Great Horsey toon today: End of Southern Domination
Twisted Martini @ 44
I like his campaign promises myself.
There is a discussion on the NewsHour on Congressional power to affect and effect policy with regard to Iraq. One guy is pretty good. The other Lee Casey is a doofus. He brings up the strawman for the umpteenth time that Congress can only either fund fully or defund completely, without any conditions, Bush’s war. Of course, this only holds true if a Republican is President. Republicans’ attempts to do precisely that in Kosovo and Somalia were OK because Clinton a Democrat was in office.
Oh beautiful, for specious guys…
I’m leery of this kind of argument.
The Right feels Roe v. Wade was such a travesty that all the Right’s bad actions, including Bush v. Gore, are justified responses.
Eli @
23
Actually, Justice William Douglas once argued that trees should have standing, to solve this very problem.
Scarecrow @ 53
I can’t help but think of the Deep Thoughts classic:
“If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.”
squirrel hiller @
8
I’m with YOU!
squirrel hiller @
8
Is that near Redd Island?
Steambomb @
25
This is what Andrea Mitchell was contending on one of the talk shows this weekend. Check Crooks&Liars. That does not, however, make it so.
Eli @ 54
LOL
Terry Olson @ 57
Indeed not. I think Andrea Mitchell is likely to spout just about anything to make herself sound connected and in-the-know.
I mean, it’s not like she would be held accountable if she were proved fucking wrong.
Hugh @ 4:31 pm -
Thank you very much for the link; although I already knew where to look, I haven’t had time today to read either that decision or the decision involving Duke Energy.
Jane:
For all those who don’t think elections have consequences. Or, to quote Nader, that there’s “no difference” between Bush & Gore. Idiot.
OT: my husband, who worked on the Hill when Henry Waxman was a new congressman in the Committee when the Clean Air Act was written, is going through both opinions and identifying provisions they put in at that time, seeing how the majority relied on them. Thirty years later, but still “cool.”
I heard the Andrea Mitchell report — I thought she said that Petraeus gave a video conference briefing to several officials, both Repub and Dems; according to Mitchell/sources, he indicated he thought that he would be able to show progress by August. She also said that Republicans were prepared to stay with Bush until then, but if there was no progress by then, they would stop supporting the war. That’s what I heard.
Scarecrow @ 62
Not surspisingly, Mitchell’s story changed from yesterday to today. Yesterday it was Pet. meeting with Rs; today’s story is he met with both. I couldn’t believe he’d be stupid enuf to meet just with Rs. Ds are the majority in congress, which must fund the war & meeting only with Rs would piss Ds off mightily. But then the Mitchell story is probably bogus in total.
AZ Matt @
48
Go right ahead, boy! I wouldn’t stop ‘em!
“Is there anything they haven’t trashed?”
Sadly, no.
katherine graham cracker @ 65
and they sit around thinking of more to do.
Tangentially on-topic
Waxman wants BHP gas investigation
Check out the kewl graphic
Ooh! Joe Biden is on KO! It’s exciting to finally see him on TV.
:)
McCain says that we’re not getting the “full picture” of whats happening in Iraq. He’s right, the picture doesn’t include the apache helicopters overhead of his shopping trip!
Rob Zuber @ 68
Maybe he can have Lieberman or McCain on next. We hardly ever get to see them either.
Elliott @ 66
Some days it’s like that scene in Princess Bride where we’re faced with 50 men protecting the palace gates; we have Fessik’s strength, Inigo’s sword, Wesley’s brains — and I sure hope we have a wheelbarrow.
Eli @ 70
Or all 3 as an updated version of the Three Stoges.
Scarecrow @ 71
What about the doomsday cloak?
Millineryman @ 72
Hmm. Off the top of my head, McCain would have to be Moe, and I guess I lean slightly towards Biden for Curly. But I can’t really see Joementum as a Larry.
Eli @ 73
Well, why didn’t you mention that in our assets in the first place?
Scarecrow @ 71
*g*
Milinaryman @ 72:
Aw, c’mon. Joe Biden’s a motormouth, but he’s got good ideas and has experience. I’m not backing him for Dem. candidate, but he deserves props for what he does have.
Mauimom @ 77
teef and tuffs right?
Scarecrow @
62
Oh, in other words A Friedman Unit
Mmmm, sure, of course I believe him. Yea, uhuh, riiiiight
hey.. I can’t really remember from ‘04, but didn’t shrub’s administration argue that the automakers had standing to sue California and Arnie over CA’s environmental initiatives?
Mauimom @ 77
Biden’s in the ‘useful fool’ category.
lolo @ 78
teef and tuffs right?
he doesn’t really smile, does he? He bares his teeth.
There was a “debate” on PBS’ NewsHour between former Bush and Clinton EPA counsel/officials. The Clinton attorney was praising the S. Ct. decision, but thought the Bush Administration would not actually do anything; they just need to come up with a better rationale for not doing anything wrt to carbon emissions. But she said the next Administration will use this decision to adopt regulations and can now do so without returning to Congress for authorization.
Great catch.
john in sacramento @ 79
Friedman has moved on from his Iraq views many Firedmans ago to more up to date subjects like the world is fat and my wallet the new green.
john in sacramento @ 79
Well, it’s not a promise, but it is a benchmark, and we’ll be able to call the Repubs on what they reportedly said. I think their time is running out, and they know it.
eCAHNomics @ 81
More precisely the vain, longwinded ‘useful fool’ category.
john at 67
the ‘kewl’ graphic page for the ventura paper was blank–was the ventura star page, but had nothing on it!
It’s the hair that makes Joe the perfect Larry I think, and Joe is the perfect Curly, the butt of all jokes.
Millineryman @ 89
Well, I guess I think of Joe B. as Curly *pretending* (aspiring?) to be Larry…
Looks like the smearing of Matthew Dowd may be this week’s offensive WH story. C&L has Bartlett, and the temp press secretary repeated the line today.
These people are truly shameless and despicable.
Just in at the NYT:
“Justices Rule Against Bush Administration on Emissions” by LINDA GREENHOUSE.
Well, if anyone should know about greenhouse gases . . .
G*DDAMN it! Keith is butin’ into that stoopid horserace meme that we have to sit thru every gd election cycle. It makes me nuts! Who CARES how much each candidate begs! It doesn’t mean anything! I seriously resent the media assuming that I’m stupid enough to choose a candidate by how much $$ they bring in! Tell me what your opinion on the issues is! I don’t CARE how many marriages you’ve had! AWK! Screech!!
Scarecrow @ 91
Same old, same old. I wonder if there’s a point where everyone else has the same reaction to the predictable smears that we do.
Perhaps we’re already there, even.
Not that I have a whole lot of sympathy for Matthew Dowd…
conniptionfit @ 93
There is such a casual acceptance that our elections are bought that the MSM no longer even pretends that the voters count.
conniptionfit - I have been yelling that fit at my tele all day… it’s pathetic. Hey, MSM, what about some issues!!
dmac @ 88
Don’t know what to say, it works for me. Click on the article and to the right under - I think it says ‘Related Articles’ - click on ‘animated graphic’
————-
Article @ the California Progress Report on the SCOTUS ruling
conniptionfit @ 93
I’m with you conniptionfit, it gives me conniption fits
1,474 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND..
Citizen Hamsher and the Firepup Patriots:
First of all sister Jane, one of your namesakes (our oldest daughter whose middle name is “Jane”)jest got awarded Phi Beta Kappa. But back to the topic at hand…remember that ratio of 5/4 because the future of our 2 century experiment with constitutional government is gunna hinge on the vote of Mr. Justice Kennedy. Every single supreme court test from “executive privilege” to the authority of Congress to set a deadline on funding for the war is gunna hit the court…and the fascists will contest every single threat to their power all the way ta the court. One single vote for the administration could have the new American Nazis declaring “victory” and replacin’ the Constitution with the Patriot Act.
KEEP THE FAITH AND PASS THE AMMUNITION, WE MAY HAFYA IMPEACH SOME COURT MEMBERS BEFORE IT’S ALL DONE!!
Eli @ 94
I think it’s helpful for more former Bushies to recant and speak out. I think it’s in our interest to welcome people back from the darkside. Worry about atonement later. And I think it’s important to speak out against the smearing of those who come over — its purpose is to discourage others — just like Joe/Valerie. The number one priority is to bring this regime down, and we need all the help we can get. JMO.
Think we should get up a petition and send it around to all the lefty blogs demanding that the MSM never again mention horserace measures?
Semi OT, but did anyone catch this piece? Some BYU students are upset that Cheney is giving their commencement address, given his, um, you know, being a lying treacherous weasel an all that.
Since I always saw Utah as the last safe haven for this administration, does this mean that there is no place safe for beleaguered members of this administration, hounded by heartless liberals day after day? Isn’t Utah the political Green Zone for Bushies?
What next - will a former Bush pollster claim he was wrong about Bush all these years?
squirrel hiller @ 8
That’s New Hamsher, I think.
Yes indeed, it’s still a free country for Democrats. It’s the repugs who will sell it out for a price.
Check your mail, I sent a visual.
I remember when I was growing up, if I took a flight from new york to L.A and back you would see a film of yellow that encapsilated these two cities.
now, thanx to clean air regulation (thank you richard nixon), that is no longer the case
however, with the rape and pillage of our air and water now allowed by the cronies bush appointed to the epa, our children will be breathing sulpher and crap from the corporations that lobbied and bought law from the American middle class.
we have GOT to legislate public finance of elections, we can NOT allow corporations the ability to buy law
Scarecrow @ 100
I don’t really disagree, but the fact is that Dowd really hasn’t done very much other than saying, “Oops, my bad. Bygones?” and navel-gazing about how he was so swept up in his love for Dubya that he deliberately tuned out all the shit that was obviously going wrong for SIX YEARS.
It looks more like a self-serving attempt to salvage his own reputation.
Scarecrow @ 100
If he’s truly repented, he’ll tell us where the bodies are buried.
Elliott @
22
Yes the D’s can run out the clock. It happened in ‘67-68. Earl Warren stepped down. LBJ nominated his good buddy Abe Fortas then info came out that Fortas had a few financial skeletons iirc, and he resigned as well.
IANAL, but I believe a 4-4 tie means lower court ruling or Congressional action would stand and not be overturned.
I wonder whether Clarence Tomas will, sometime before he dies, decide a case correctly.
I’d say that the odds are against it.
He’s 0-for-the-career at this point - good thing he isn’t a baseball player.