SCALIA’S PASSING COULD SAVE THE CLIMATE CHANGE FIGHT
What Scalia’s Death Means For Climate Change
John Upton, February 14, 2016 (Climate Central)
“…[Supreme Court justice Antonin Scalia’s] death means it is now more likely that key EPA rules that aim to curb climate pollution from the power industry will be upheld…[The Obama administration’s Clean Power Plan, designed by the EPA] to reduce carbon pollution from power plants…bypassed Congress, which is opposed to passing laws regulating greenhouse gas pollution…But coal companies and some two dozen states have sued, arguing that the plan violates federal law. Their legal challenge is expected to eventually reach the Supreme Court…Scalia was a dependable vote against environmental regulations…
“Last week, Scalia and four other justices ruled to “stay” the Clean Power Plan while litigation moves forward. The 5-4 ruling effectively put a freeze on the new EPA rules…[The] appeals court is a liberal one…[Routine appeals will] send the case to the Supreme Court…Last week’s ruling suggested to many onlookers that the Supreme Court might make a similar ruling on the Clean Power Plan case, striking down the rules…The court is now down to eight justices. If the rulings from those justices on the legality of the Clean Power Plan match their rulings from last week, the outcome would be a 4-4 verdict. Such a scenario would uphold the looming ruling from the [liberal] federal appeals court…[If the Senate allows a new justice tpo be put in place, it’s unlikely the President would nominate one] who would oppose his landmark climate rules… Scalia’s passing means the pact seems safer now…”
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