Supreme Court rules against EPA’s job-killing tax on electricity

Atmospheric temperature measurements though April 2015
Atmospheric temperature measurements though April 2015

If you have to pay your own electricity bill out of your own earnings, then I have some good news for you.

The Daily Signal has the story.

Excerpt:

Today, the Supreme Court in Michigan v. EPA held that the Environmental Protection Agency improperly ignored costs when it decided to regulate hazardous air pollutants from power plants. The court, in this 5-4 opinion, struck down this extremely costly rule, known as Utility MACT or Mercury and Air Toxics Standards (MATS).

Under Section 112 of the Clean Air Act, which applies to power plants, the EPA administrator shall regulate if the regulation is found to be “appropriate and necessary.” According to the EPA, they didn’t have to consider cost when deciding to regulate, even though the statute specifically says that the regulation has to be “appropriate.”

Justice Antonin Scalia, writing for the majority, explained, “[a]gainst the backdrop of this established administrative practice [consideration of cost], it is unreasonable to read an instruction to an administrative agency to determine whether ‘regulation is appropriate and necessary’ as an invitation to ignore costs.”

The EPA was going to ignore an astonishing amount of costs. The EPA estimated the costs to be $9.6 billion annually. This compared to benefits of $4 million to $6 million annually. As pointed out by Scalia, “[t]he costs to power plants were thus between 1,600 and 2,400 times as great as the quantifiable benefits from reduced emissions of hazardous air pollutants.” As the court succinctly explained, “[n]o regulation is ‘appropriate’ if it does significantly more harm than good.”

Unfortunately, energy prices are still going to go up, and jobs are still going to be lost as a result of previous EPA regulations.

The Stream says:

While this is a major legal win for the coal industry, it may have come too late. Power plant operators have already slated to retire 13 gigawatts of coal-fired power by the end of this year. Coal plant owners also must ready themselves to comply with upcoming ozone and greenhouse gas regulations.

Well, it’s been a rough week, but we have to take our victories where we can. A win’s a win. Hopefully, the next President will abolish the EPA and the Department of Energy entirely, so that those clowns have to get real jobs doing something useful for a change.

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