…when the Bush Administration doesn’t think it needs quite so much power. The EPA under President Bush has done its damnedest to become vestigial. Justice John Paul Stevens for the 5-4 majority:
Even if postenactment legislative history could shed light on the meaning of an otherwise unambiguous statute, EPA identifies nothing suggesting the Congress meant to curtail EPA’s power to treat greenhouse gases as air pollutants…. EPA’s alternative basis for its decision – that even if it has statutory authority to regulate greenhouse gases, it would be unwise to do so at the time – rests on reasoning divorced from statutory text.
My emphasis, of course. You were saying something about men in black robes legislating from the bench?
No comments:
Post a Comment