the “EPA is generally limit - ed to determining the maxi - mum safe amount of covered pollutants in the air.” Justice Roberts goes on to say that “reflecting the ancillary na - ture of Section 111(d), EPA has used it only a handful of times since the enactment of the statute in 1970.” The Chief Justice also found that the EPA has not met the stric - tures of the Major Question Doctrine and has not shown that Congress specifically in - tended for section 111(d) to be used in this way. Justices Neil Gorsuch and Samuel Alito concurred, tak - ing the conclusions of the Court a step further, con - demning the larger approach to agencies and administra - tive law in the U.S., saying: “One of the Judicia - ry’s most solemn duties is to ensure that acts of Con - gress are applied in accor - dance with the Constitution in the cases that come before us. To help fulfill that duty, courts have developed cer -
tain “clear-statement” rules. These rules assume that, ab - sent a clear statement other - wise, Congress means for its laws to operate in congruence with the Constitution rath - er than test its bounds. In this way, these clear-state - ment rules help courts ‘act as faithful agents of the Consti - tution.” Justices Elena Kagan, So - nia Sotomayor, and Stephen Breyer dissented, saying, “[t] he majority claims it is just following precedent, but that is not so. The Court has nev - er even used the term ‘major questions doctrine’ before.” The dissent goes to say that “Section 111 of the Clean Air Act directs EPA to regulate stationary sources of any substance that ’causes, or contributes significantly to, air pollution’ and that ‘may reasonably be anticipated to endanger public health or welfare.’ 42 U. S. C. §7411(b) (1)(A). Carbon dioxide and other greenhouse gases fit that description.”
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HELICOPTERS, INC.
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TEMSCO Helicopters, Inc. PO Box 5057, Ketchikan, Alaska 99901 Phone 907-225-5141 Fax 907-225-2340 www.temscoair.com
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15
Summer 2022
The Alaska Miner
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