Posted: 06/27/2006
Decision On Emissions Caps Should Be Left To Congress
NCPA Scholar urges Supreme Court to reign in states
DALLAS (June 27, 2006) - While the Supreme Court has agreed to hear appeals from several states and environmental groups urging the federal government to regulate gas emissions from new cars and trucks, National Center for Policy Analysis (NCPA) Senior Fellow H. Sterling Burnett notes that only Congress maintains the constitutional power to direct such efforts.
"The courts should stop the states from usurping the power of Congress in these matters," said Burnett. "The Environmental Protection Agency (EPA) receives its power from Congress, not the states or the Supreme Court."
The federal Clean Air Act authorizes the EPA to regulate emissions which "cause, or contribute to, air pollution which may be reasonably anticipated to endanger public health or welfare." However, with a lack of consensus in the scientific community on the effect of carbon dioxide emissions, the EPA maintains that it cannot regulate them.
Several states and environmental groups filed suit against the EPA in order to use the judicial branch to mandate the creation of carbon dioxide emissions regulations. Last year, the U.S. Court of Appeals dismissed the case, siding with the EPA. The states and environmental groups then petitioned the Supreme Court to hear the case.
"If Congress decides that carbon dioxide emissions present a threat to the American people, then they can pass a law authorizing the EPA to regulate it," said Burnett. "Until then, the judicial branch should maintain the integrity of the Constitution and leave legislating to the legislature."