TheColdVolTruth
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Hillarys hit squad strikes again! My, how a couple of days changes things
To be clear (for those who dont read), the SCOTUS did not strike down Obamas power plant regulations. The court didnt rule on the content of those regulations at all. They just issued a stay and sent it back to a lower court, which is expected to rule favorably. The case will reach the SCOTUS again. Obamas administration expected as much. Even before Scalias passing, though, it seemed likely that the supreme court would uphold the climate rules. It was in fact their rulings in previous years which paved the way for these new regulations under the Clean Air Act. That's why even a stay was unexpected.
So what now? If Republicans block any Obama nomination then a 4-4 tie will uphold the lower court's decision on his climate rules. If they dont block the nomination it should be 5-4 in favor. If they do block Obamas guy, Hillary could pick a far left-winger and it will definitely be 5-4 in favor.
But even if/when SCOTUS approves the rule, the next president could undo them. So in essence nothing has really changed. The future of our climate policy still depends on who we elect this year.
To be clearer (for those who think people don't read), the stay was granted to avoid repeating the debacle of the MATS compliance ruling. EPA issued the MATS regulation, and power generating stations were forced to comply. This cost was in most cases (regulated utilities) passed through to rate payers as the PSC grants leniency for EPA compliance during a rate case. After many power plants invested Billions (with a B) of dollars to achieve MATS compliance and many more were retired due to financial viability in regards to technology and process upgrades to reach this level of compliance, SCOTUS ruled last summer that EPA had no authority to enforce MATS. The stay granted to the industry in regards to the CPP will actually allow the case to be heard prior to plants closing and Billions of dollars being charged to people who use electricity. The lower court ruling is expected in September. Any appeal to SCOTUS would drag into new year. The next justice appointed will have the deciding vote. I don't agree with Trump on many things, but in regards to my electric bill, "Delay, delay, delay."
