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Checking the EPA: Reviewing overreach

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Monday, Oct. 21, 2013, 9:00 p.m.
 

The prospects for reining in the Obama administration's out-of-control Environmental Protection Agency are brighter because the U.S. Supreme Court will consider whether it has overstepped the authority to regulate “greenhouse gases” it was granted by the justices in 2007's Massachusetts v. EPA .

That ruling said the EPA had Clean Air Act authority to limit vehicles' emissions as a health hazard. Two years later, the EPA decided that ruling also meant it could regulate emissions from stationary sources, such as power plants and factories. (Is your home hearth next?) Last week, the justices said they'll review a unanimous federal appellate court ruling upholding the EPA's interpretation.

Environmentalists are relieved that the justices won't consider reversing their 2007 ruling or overruling the EPA's labeling of greenhouse gases as health hazards. But opponents of the EPA's ever-expanding reach see an opportunity to curb a noxious trend.

This Supreme Court review “arguably opens the door to whether EPA can regulate greenhouse gases from stationary sources at all,” a lawyer for business groups involved in the case told The Associated Press.

Hopefully, the justices will agree that the EPA's overreaching attempt to regulate power plant and factory greenhouse gases — counter to congressional intent, burdening industry, consumers and the economy as a whole and driven more by leftist anti-growth politics than by genuine science — has no legal leg to stand on.

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