SEC's Big Green agenda under attack
After the Supreme Court handed him a win on Thursday limiting the authority of the Environmental Protection Agency, West Virginia Republican Attorney General Patrick Morrisey next takes aim at the Biden administration's effort to use its powers to regulate capital markets through the Securities and Exchange Commission to push its environmental agenda.
The Supreme Court on Thursday curtailed the EPA's ability to restrict power plant emissions under the Clean Air Act. Morrisey, who brought the suit on behalf of his coal-dependent state, celebrated the ruling on the John Solomon Reports podcast.
The legal implications of the decision far transcend environmental policy alone, according to the attorney general. "We wanted to say this is really about maintaining the separation of powers, not climate change, because it was about who gets to make the major decisions of the day, not necessarily what those decisions are, but who gets to make it," said Morrisey.
"And the reason that's so important, is because when you have something so fundamental, a vast economic and political significance, you want the people's representatives to make a decision, and to have clear statements, clear lines of delegation to the federal agencies," he added. "And that did not happen here. That's why the court said that it was not going to allow the Clean Power Plan or similar type of regulation to go forward."
Morrisey expressed optimism that the ruling would effectively limit overreach by federal regulators and arm states with a legal basis to challenge similar initiatives in the future. "I think it helps really solidify this major questions doctrine, so that you're gonna be able to limit when the bureaucrats can reach down, seize power, and try to take some one strand of ambiguity and turn it into a major rulemaking with incredible burdens on the American people," he said. "And so I am really gratified that the court resolves it on those grounds, as opposed to just merely some technical grounds."
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The SEC's jurisdiction is regulating he same of securities and not the climate. They should be told to stay in their lane.
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