I’m not terribly excited about anything the Supreme Court does these days, but we’ll see about this.
The U.S. Supreme Court decided Monday to take a case that has pitted Texas against the Obama administration over a federal rule aimed at reducing air pollution that crosses state borders.
The decision comes 10 months after a split U.S. Court of Appeals for the District of Columbia Circuit ruled that the Environmental Protection Agency overstepped its authority with the new regulation, which was one of the hallmarks of the administration’s recent efforts to improve air quality.
In seeking high-court review, U.S. Solicitor General Donald Verrilli argued that the appeals court’s decision “hobbles the agency … where the need for a strong federal role is most critical.”
The justices accepted the EPA’s appeal of the lower court’s opinion and will hear the case in the term that begins in October.
See here, here, and here for the background. Texas, naturally, was one of the plaintiffs in this lawsuit. The good news is that since the ruling went against the EPA last October, so there isn’t something for SCOTUS to knock down. But I’m sure they can find something if they want to. Hair Balls has more.