You Ought to Have a Look is a feature from the Center for the Study of Science posted by Patrick J. Michaels and Paul C. (“Chip”) Knappenberger. While this section will feature all of the areas of interest that we are emphasizing, the prominence of the climate issue is driving a tremendous amount of web traffic. Here we post a few of the best in recent days, along with our color commentary.
This week, as our title suggests, we have a somewhat eclectic mix of articles worthy of your attention (and some that are not). Let’s get started.
In handing down its decision on Monday in Michigan v. EPA, the Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) was remiss for not considering costs when deciding to (expensively) regulate mercury emissions from coal-fired power plants. This ruling was urged in Cato’s amicus brief, and hailed as a victory for “liberty and sound science.”
But the direct impact on the ruling as it pertains to mercury emissions is likely to be slight as most coal-fired power plants have already been modified (or shut down) in an effort to reduce mercury emissions under the EPA’s 2012 regulation. Rather, what is being debated in the ruling’s aftermath is what the implication may be on future EPA actions.
Some have argued the ruling in Michigan v. EPA was “pointless,” while other have argued that it “may be the beginning of the end of the Obama Administration’s climate agenda.” Perhaps the biggest thing that could result would be for the Supreme Court to re-evaluate its decision in the Chevron v. Natural Resources Defense Council case. This possibility was raised by Clarence Thomas in his concurring opinion on the case. The Wall Street Journal editors picked up on this in their review of the Michigan v. EPA decision and highlight its importance:
Which is why Justice Clarence Thomas’s concurring opinion deserves a larger audience. He makes a provocative case that the Court’s 1984 decision in Chevron v. Natural Resources Defense Council is unconstitutional. Under what has become known as “Chevron deference,” the Court defers to executive interpretations when laws are ambiguous. Justice Thomas writes that this has become a license for the executive to usurp legislative powers that are supposed to be vested in Congress.
“Perhaps there is some unique historical justification for deferring to federal agencies, but these cases reveal how paltry an effort we have made to understand it or to confine ourselves to its boundaries,” Justice Thomas writes. “Although we hold today that EPA exceeded even the extremely permissive limits on agency power set by our precedents, we should be alarmed that it felt sufficiently emboldened by those precedents to make the bid for deference that it did here.”
That’s an especially apt point coming in a year when the Supreme Court seemed to abdicate much of its obligation to police the Constitution’s separation between the executive and legislative power. A future Court ought to revisit Chevron deference in what has become an era of presidential law-making.
And here’s how it can happen. At Cato, your obedient servants have, through the years, purposefully compiled a massive record of public comments on global warming regulation that we have filed as official responses to requests for them in the Federal Register. These include our Addendum to the Government’s second “National Assessment” of climate change. It was designed to have a look similar to the federal document, with the cover the exact same material paragraph-by-paragraph, if possible, to make comparison as simple as possible.
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