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Last edited Mon Jun 23, 2014, 09:24 PM - Edit history (3)

http://www.supremecourt.gov/opinions/13pdf/12-1146_4g18.pdf

BEFORE YOU READ THE OPINION REMEMBER THE CLEAN AIR ACT RESTRICTS WHAT POLLUTERS THE EPA CAN REGULATE. That was the issue in front of the Supreme Court. The question was simply:

Are Green House Gases to be counted to determine if a polluter is under the regulatory power of the EPA?

Small polluters are NOT to be regulated by the EPA under the terms of the Clean Air Act, for example in 1976 when the Act was passed Senate Muskie said the act was NOT intended to regulate people's homes, but just major polluters.

This in this case the issue was did the EPA have the authority to add Green House Gases to the list of gases caused by pollution when it came to determining if the EPA had the authority to regulate a polluter of primarily Green House Gases?

SCALIA, J., announced the judgment of the Court and delivered an opinion, Parts I and II of which were for the Court. ROBERTS, C. J., and KENNEDY, J., joined that opinion in full; Please note Scalia makes two findings:

1. One that the Clean Air Act did NOT give the EPA the ability to regulate Green House gases in and by themselves, (This was Parts 1, II-1 and II-B-1 of the Clean air act, this was agreed with by Thomas and Alito, but rejected by Ginsberg, Breyer, Somtomayer and Kagan)

2. but the Clean Air Act did give the EPA to regulate Green Houses gases along with other pollinates the EPA was regulating (this was agreed to be Ginsberg, Breyer, Somtomayer and Kagan but rejected by Thomas and Alito).

Thus you had seven justices who said the EPA can regulate Green House Gases as part of the EPA's regulation of most pollution, but two that said the EPA could NOT regulate Green House gases at all.

Three Justices said the EPA could NOT regulate Green House Gases in and by themselves, but could regulate them with other pollutes (That was Scalia, Roberts and Kennedy).