charles-krauthammer

Opinions
Charles Krauthammer Opinion writer
June 26 at 8:08 PM

The Supreme Court this week admonished the Environmental Protection Agency for overreaching in regulating greenhouse gases. The Clean Air Act covers polluters that emit 250 tons per year (or in some cases, 100 tons). This standard makes no sense if applied to greenhouse gases. Thousands of establishments from elementary schools to grocery stores would be, absurdly, covered. So the EPA arbitrarily chose 100,000 tons as the carbon dioxide threshold.

That’s not “tailoring,” ruled the Supreme Court. That’s rewriting. Under our Constitution, “an agency has no power to ‘tailor’ legislation to bureaucratic policy goals by rewriting unambiguous statutory terms.”

It was a welcome constitutional lesson in restraint, noted the Wall Street Journal. One would think — hope — that an administration so chastened might reconsider its determination to shift regulation of the nation’s power generation to Washington through new carbon dioxide rules under the Clean Air Act.

Fat chance. This administration does not learn constitutional lessons. It continues marching until it meets resistance. And it hasn’t met nearly enough.

To read entire column, click here.