Bad news for the EPA: Scalia is likely opinion author in toxic emissions case
President Obama’s environmental agenda is likely to suffer a blow when the U.S. Supreme Court issues an opinion in a legal challenge to regulation of toxic air pollution from coal-fired power plants, some court watchers say.
The likely author of the opinion is Justice Antonin Scalia, who appeared to sympathize with challengers during oral arguments in March, the National Journal reports. Scalia is the only justice who hasn’t written a majority opinion for cases argued in March and early April, and by tradition that means he could be writing the decision in Michigan v. Environmental Protection Agency.
At issue in the case is whether the EPA should have taken cost into account when it decided to regulate toxic air pollution from power plants. The EPA argues that the Clean Air Act is silent on whether costs need to be factored in, so the agency gets to make the call.
If the court rules against the EPA, the toxic air-pollution rules could be delayed until after Obama leaves office.
SCOTUSblog’s coverage of oral arguments is here.
