Reflections on the Supreme Court’s EPA Rebuff

A-polar-bear-and-her-cubs-007This has been a busy time for America’s highest court, with gargantuan issues–gay marriage, Obama Care, and approval of a controversial capital punishment drug, cases decided by razor thin majorities.

No less important, perhaps the most impacting of all, is the Supreme Court’s decision ultimately affecting climate change; namely its one vote majority ruling against the EPA’s Mercury and Toxic Standards (MATS) provision, designed to reduce mercury and other air pollutants from the nation’s myriad power plants, especially those utilizing coal.

Though MATS wasn’t specifically disavowed, the Court ruled that the EPA must consider the financial burden it imposes. Accordingly, the case goes back to the U.S. Court of Appeals for the District of Columbia to deliberate new guidelines.

I think the decision horrendous in the context of the preeminent threat we and, especially posterity, face in the context of climate change, which the vast weight of environmental science affirms is human induced.

In fact, if we don’t get our act together, we may find ourselves joining the plethora of species we’ve either driven into extinction or endangered.

On the other hand, I laud justice Elena Kagan, who wrote the minority decision in the 5-4 verdict:

Over more than a decade, EPA took costs into account at multiple stages and through multiple means as it set emissions limits for power plants. And when making its initial ‘appropriate and necessary’ finding, EPA knew it would do exactly that — knew it would thoroughly consider the cost-effectiveness of emissions standards later on. That context matters.

While it’s probable the lower court won’t gut the act, but simply mandate that EPA integrate cost factors upfront, not after-the-fact, as it had done, this may sadly take another five years and still be subject to legal scrutiny.

Climate change, in the meanwhile, isn’t about to go into a stall while we continue to rely upon coal as an energy source for many of our power plants.

The corollary is that like a credit card we don’t pay off, our delay will exact cost burdens exceeding mere cash reckonings in hazarding the health of both ourselves and the impinging on the ecological interplay upon which we depend.

Nobody wants to pay more for energy costs any more than we relish replacing a malfunctioning stove or fridge for a newer, more efficient model, at increased cost. Alas, sometimes it is what it is and we move on.

What moved me to write this post as I awoke today to a new dawn outside my window is a news story just out of the BBC, reporting on “Irreversible Change to Sea Life from CO2, compiled by twenty-two experts in the journal Sciencehttp://www.bbc.co.uk/news/science-environment-3336902

Coral reefs, polar bears, many fish–all gone by century end as oceans continue to heat up, lose oxygen, and become more acidic, consequent with our embrace of CO2 energy sources.

And we’ll not be spared either, as the ocean out of which all life came and upon which it substantially depends, not only overwhelms our coast lines, but our ecosystems as well.

This is the true cost of our delay and our neglect, unacknowledged by the Court as in the  public’s greater interest and for the well-being of Mother Earth.

–rj

 

 

 

 

 

 

 

 

 

 

 

 

About RJ

Retired English prof (Ph. D., UNC), who likes to garden, blog, pursue languages (especially Spanish) and to share in serious discussion on vital issues such as global warming, the role of government, energy alternatives, etc. Am a vegan and, yes, a tree hugger enthusiastically. If you write me, I'll answer.
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