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A Supreme Court ruling on West Virginia v. EPA could upend all federal agencies [1]
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Date: 2022-06-28
If the Supreme Court were to rule in favor of West Virginia and the more than a dozen states arguing against EPA enforcement on power plant emissions, they could also alter the very scope of federal agencies. It’s not just about the conservative justice talking point of major questions: It’s about whether agencies have the power to oversee enforcement or whether those tasks should be left to lawmakers. Typically, the task falls to the experts like those who join the EPA with practical experience that makes them perfectly positioned to understand and carry out, say, air quality monitoring. But yet another conservative point is to push for small government and I can think of no more immediate way to do so than by ruling that the EPA doesn’t have the power to do its job and that therefore no agency to enforce much of anything.
This isn’t the only environmental case coming up that the Supreme Court will rule on: The court agreed to hear Sackett v. EPA in October. The case concerns the Clean Water Act, specifically the definition of waterways of the U.S. and whether wetlands fall under that scope. The Sacketts suing the agency—married couple Mike and Chantell, who argue that their property rights are being destroyed by a renegade EPA and that the agency is preventing them from building their dream house—are unsurprisingly Republicans and their case was highlighted on the Federalist Society’s website. A teleforum discussing the scope of the Clean Water Act featured two lawyers who generally argue on behalf of property right fiends like the Sacketts, so I can’t say it’d be a jump if Federalist Society favorite judges like Kavanaugh, Gorsuch, and their ilk rule similarly.
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[1] Url:
https://www.dailykos.com/stories/2022/6/28/2107057/-With-West-Virginia-v-EPA-the-Supreme-Court-could-do-more-than-just-upend-the-Clean-Air-Act
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