A String of Supreme Court Decisions Hits Hard at Environmental Rules
A String of Supreme Court Decisions Hits Hard at Environmental Rules
Four cases backed by conservative activists in recent years have combined to diminish the power of the Environmental Protection Agency.
cross-posted from: https://slrpnk.net/post/10983081
The key thing here is that the court has a right-wing majority due to Trump appointing Federalist Society members to it. They're in it for the gratuities., and will always favor profit over people as a result.
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The subtext here is just as important as the main story. The reason the EPA has had to try desperately to stretch their interpretations of statutory authority into gray areas that are vulnerable to judicial review, is that Congress has utterly failed to pass any truly meaningful environmental protection laws for decades. The Clean Water Act, for example, has only been meaningfully amended once since it was passed 50 years ago, and that resulted in a huge (albeit slow) improvement in stormwater management in urbanizing areas. The last time we had a bipartisan interest in curtailing the excesses of industry, the Cuyahoga River was routinely catching fire and places like Love Canal had children playing in actual toxic sludge.
There have been very few times that the EPA has been granted any kind of legal authority since the 1970s, and most of them were intentionally ambiguous. Bush II's Clean Skies Act, for example, was a direct result of the Kyoto fiasco and actually weakened a lot of environmental regulations from the 1970s. In contrast, things like Obama's Clean Power Plan were simply agency-level policies devised to get around the fact that Congress hadn't amended the Clean Air Act since 1990. Since they were policies and not laws, they could be subsequently gutted by future administrations (i.e. Trump) and the courts. Policies and rules have no staying power.
Congress has done fuck all for the environment since Nixon, and that lay at the feet of the Reaganite neoliberal coalition wedded to the free market which had champions in both parties for several decades. Loper Bright Enterprises v. Raimondo is a fucking awful ruling because it'll take away the few powers the EPA tried to devise in the absence of Congressional action, but it's actually overdue because Congress should have dealt with these problems long before now.
In the end, voters are left with a choice. Start giving enough of a shit to vote for politicians that will pass environmental laws, or live in the regulatory world that stopped evolving before the personal computer was invented. We've been able to eke out a meager existence because things like Superfund and NPDES exist, but as we can see from the Flint and GenX disasters, we've taken clean water, soil, and air for granted for far too long. It's not the job of the EPA to devise creative ways to get around the shitty, intansigent Congress we keep sending to DC. It's our job to send better politicians to DC to help them keep us safe.