Recently, the U.S. Court of Appeals in Washington struck down a Bush administration proposal that would exempt power plants from EPA regulation. It appears that finally the courts have decided to put some teeth in EPA regulation. However, with this recent ruling there is still a question of what the ruling means for society.
The proposed cap and trade plan was to go into effect in 2010, but originally exempted power plants from implementing strict technology for pollution control. However, with the recent decision the court has finally showed a willingness to move into the modern era. Traditionally, the energy industry has lagged behind other sectors of the economy in implementing strict technology controls. This new ruling seems to indicate that this era has come to an end.
This decision, along with the 2007 Supreme Court ruling in Massachusetts v. EPA, shows the judicial system has a real determination to enforce environmental regulation. However, the effect of ruling remains to be seen because even after Massachusetts v. EPA the EPA has been slow to implement any meaningful regulation. Perhaps the Bush administration is willing to take a Jacksonian approach to Judicial activism. In an adverse ruling against his policies, Jackson was heard to say, “let them send the military to stop me.” Jackson won that debate 1800’s and it appears the Bush administration appears poised to win the regulation debate as well.
The proposed cap and trade plan was to go into effect in 2010, but originally exempted power plants from implementing strict technology for pollution control. However, with the recent decision the court has finally showed a willingness to move into the modern era. Traditionally, the energy industry has lagged behind other sectors of the economy in implementing strict technology controls. This new ruling seems to indicate that this era has come to an end.
This decision, along with the 2007 Supreme Court ruling in Massachusetts v. EPA, shows the judicial system has a real determination to enforce environmental regulation. However, the effect of ruling remains to be seen because even after Massachusetts v. EPA the EPA has been slow to implement any meaningful regulation. Perhaps the Bush administration is willing to take a Jacksonian approach to Judicial activism. In an adverse ruling against his policies, Jackson was heard to say, “let them send the military to stop me.” Jackson won that debate 1800’s and it appears the Bush administration appears poised to win the regulation debate as well.
1 comment:
at what cost to the environment?
If the Bushies took a more proactive approach to dealing with the reality of climate change maybe we wouldn't need judicial intervention....
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