Thread by @JunkScience

SCOTUS arguments in West Virgina v. EPA -- whether EPA has authority to regulate greenhouse gases under the Clean Air Act -- begins at 10am ET.

You can listen here: supremecourt.gov/oral_arguments…

I will live tweet notable moments. 1/

West Virginia at SCOTUS:

Congress did not authorize EPA to regulate greenhouse gases under section 111. 2/

Liberal justices believe EPA has authority to regulate greenhouses under Congress use of the (vague) term 'system.'

West Virginia acknowledges it is not challenging Mass. v. EPA, but says Congress placed limits on the term 'system.' 🙄 3/

Kagan says EPA doesn't have unfettered authority to regulate greenhouse gases regardless of costs but can do reasonable things. 4/

Kagan argues Congress empowered EPA to regulate things even not known about/contemplated at the time the lane was written (i.e., global warming) by use of the word 'system.' 5/

Breyer admits Congress was silent on EPA authority to regulate GHGs, but explores for a way to shoehorn EPA into power. 6/

Amid questioning by Justice Thomas, Biden regime argues that shuttering coal plants are just 'incidental' effects of regulation. 7/

Sotomayor:

The goal is to reduce emissions so there is less CO2 in the 'ozone layer.' 🙄 8/

SCOTUS so far on West Virgina v. EPA:

All justices acknowledge Congress did not expressly authorize EPA to regulate greenhouse gases.

But lefty justices seem to think there is wiggle room under the vague term 'system' used in the Clean Air Act.'

9/

Biden regime argues that EPA was not ordering generation shifting because coal plants could use carbon capture.

But that technology still doesn't really exist. 10/

Kavanaugh.... Congress has rejected cap-and-trade so EPA is trying to squeeze it in under some other provision not intended for that purpose. 11/

It's clear from the arguments at SCOTUS why congressional authorization is needed before agencies like EPA take regulatory action. 12/

Dishonest Biden regime: EPA can't impose crushing costs on industry.

Yet it does... witness the Obama EPA war on coal rules. 13/

It is distressing to hear SCOTUS arguments in West Virginia v. EPA veer into questions about how utilities do and should generate electricity.

No one in the courtroom is an expert and much of the argument is oversimplified and unrealistic.

Just stick with what the law says. 14/

West Virginia AG brings SCOTUS back to reality:

The government wants EPA to be able to design our energy system but that is without congressional authorization.

Argument ends. 15/

My statement on this morning's SCOTUS argument in West Virginia v. EPA. 16/

EPA should lose to West Virginia 9-0 b/c of what the late-Rep. John Dingell (D-Mich.) said here: junkscience.com/2022/02/how-we…

But based on today's argument, my bet is 6-3 for WV, with an outside possibility of 7-2 as Breyer was concerned about EPA stretching assumed authority. 17/

If you missed today's SCOTUS argument in West Virgina v. EPA (can EPA regulate GHGs under Section 111 of the Clean Air Act), you can read the transcript or listen to the 2-hour argument here: supremecourt.gov/oral_arguments… Don't miss my thread. 18/