Home
/
RELIGION & LIBERTY ONLINE
/
Supreme Court Puts Check on EPA Overreach
Supreme Court Puts Check on EPA Overreach
Aug 25, 2025 8:27 PM

With the Supreme Court handing down significant rulings on such issues as housing, Obamacare, and same-sex marriage, it’s not surprising other decisions handed down last month received less attention. A prime example is the defeat the Court handed to President Obama administration’s agencies.

In the 5-4 ruling, the Supreme Court recently struck down ing EPA regulations concerning emissions of mercury and other toxins at power plants. the Court pointed out that the EPA did not properly consider the costs of regulating such emissions from coal-fired power plants before imposing the regulations.

Congress had previously authorized the EPA to take any “appropriate and necessary” action to regulate power plants. In this case, the EPA found power plant regulation to be “appropriate” since the plants’ emissions pose risks to the environment and because controls capable of reducing these emissions were available. The agency also found regulation “necessary” because the imposition of other Clean Air Act requirements did not eliminate those risks.

But five of the nine justices found the EPA had failed to due diligence. “Read naturally in the present context, the phrase ‘appropriate and necessary’ requires at least some attention to cost,” wrote Justice Scalia in his opinion for the Court. “One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits.”

According to the Court ruling, the regulations would cost around $9.6 billion a year, but the quantifiable benefits from the resulting reduction in hazardous-air-pollutant emissions would be $4 to $6 million a year. The Court ruled that the EPA “must consider cost—including cost pliance—before deciding whether regulation is appropriate and necessary.” The justices left it to the EPA, though, to “decide (as always, within the limits of reasonable interpretation) how to account for cost.”

Perhaps even more important than mon-sense consideration of how regulations should be decided in this case is the Court’s willingness to put a check on the regulatory agencies. As Justice Thomas wrote in his concurrence:

Although we hold today that EPA exceeded even the extremely permissive limits on agency power set by our precedents, we should be alarmed that it felt sufficiently emboldened by those precedents to make the bid for deference that it did here. As in other areas of our jurisprudence concerning administrative agencies, we seem to be straying further and further from the Constitution without so much as pausing to ask why. We should stop to consider that document before blithely giving the force of law to any other agency “interpretations” of federal statutes.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
4 charts to explain poverty in America
The U.S. Census Bureau released its official poverty rate on Tuesday – and the news on poverty, e, and unemployment is encouraging. Here are four charts that help explain the information. Chart 1: Poverty declined in 2018 to pre-Great Recession levels “In 2018, for the first time in 11 years, the official poverty rate was significantly lower than 2007, the year before the most recent recession,” the Census Bureau announced today. A total of 1.4 million Americans moved out of...
Chick-fil-A’s fast-food witness: Lessons on ‘Christian business’
Over the past decade, Chick-fil-A has rapidly risen as a leading contender in the fast-food wars, with soaring sales, ever-increasing market share, and a strong reputation for hospitality and customer satisfaction. In the last year alone, revenue rose by 16.7% to $10.5 billion, making Chick-fil-A the third largest restaurant chain in the United States. Given pany’s well-known Christian bent, such success has made it a primary exhibit among those in the faith-work movement—a sterling symbol of what a successful “Christian...
Status and function: Drucker on the keys to a functioning society
This is the fifth in a series of essays on Peter Drucker’s early works. Peter Drucker published The Future of Industrial Man in the midst of World War II (1942). He was conscious of the need to defeat authoritarian governments beyond the battlefield. Free societies would have to prove themselves superior or the problems of fascism munism would continue to recur. In the book, he offered a formulation that he would go on to repeat in many other books and...
U.S. surges into top 5 economically free nations
For the second year in a row, the United States has increased its ranking in parison of the world’s freest economies. The good news came as the Fraser Institute released its annual “Economic Freedom of the World” report this morning. “The U.S. has ascended back into the top five most economically-free countries in the world,” said Fred McMahon, research chair at the Fraser Institute, which is based in Canada. The United States fell to 16th place in 2015 but rebounded...
Four caveats about the Official Poverty Measure
The U.S. Census Bureau released the official poverty measure (OPM) yesterday. Although the numbers were encouraging, there are at least four caveats that everyone who reads these statistics should keep in mind. Without making these adjustments, we may have an inaccurate picture of poverty in the U.S. 1. The OPM does not include the effects of government welfare programs. As the Census Bureauexplains, “The official poverty definition uses money e before taxes and does not include capital gains or noncash...
Can a big bad state deliver us from evil?
Thirty five years ago the American novelist Thomas Pynchon asked the question, “Is It O.K. To Be A Luddite?” The occasion was the then 25th anniversary of C.P. Snow’s Rede Lecture, “The Two Cultures of the Scientific Revolution,” which argued, way back in 1959, that our culture was increasingly polarized into “literary” and “scientific” factions unable to understand each other. Pynchon, from his 1984 vantage point argued: Today nobody could get away with making such a distinction. Since 1959, we...
9/11: An anti-capitalist jihad
“As you liberated yourselves before from the slavery of monks, kings, and feudalism, you should liberate yourselves from the deception, shackles, and attrition of the capitalist system.” This es, not from theCommunist ManifestoorDas Kapital, but a speech delivered by Osama bin Laden just before the sixth anniversary of 9/11. In the tragedy that grips our hearts every year on this date, it’s vital that we understand the ideology that fueled the worst act of terrorism in U.S. history. The theology...
Acton Line podcast: Boris Johnson fights for Brexit; The faith of Antonin Scalia
On June 23, 2016, Britain voted to exit the European Union, but since then, Members of Parliament have repeatedly delayed Brexit. While Prime Minister Boris Johnson is now fighting to keep Britain’s leave from the EU on schedule, establishment MPs mitted to ignoring the democratic voice of the British people. Rev. Richard Turnbull, director of The Center for Enterprise, Markets, and Ethics, helps explain the chaos surrounding recent events unfolding in Parliament and what the future likely holds for Brexit....
Political idolatry: A Lutheran view
Is faith in politics “another Gospel”? A distinguished Lutheran scholar has weighed in on the matter, clearly delineating a Christian’s duty as a citizen from his duty to the Christ and his fellow body of believers. Gene Veith, the noted professor, provost, and editor, weighs in on the topic after taking notice of Acton’s article on President Trump’s recent “King of Israel” controversy. In his blogatPatheos, Veith shares insights gleaned from Lutheranism’s traditional “Two Kingdoms” theology. “The state’s purview is...
Why Western Civilization is worth saving
“What is valuable in Western Civilization and why is it worth saving?” Alejo José G. Sison, president of the European Business Ethics Network, poses this question at the beginning of his book review of Samuel Gregg’s “Reason, Faith, and the Struggle for Western Civilization.” In his review, Sison notes how Gregg approaches questions about the philosophical roots of Western Civilization with “honesty” and “modesty,” offering a refreshing view of the West without being reductionist. In proceeding to answer [what is...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved