In recent weeks, the Supreme Court has issued a number of landmark decisions considering critical issues such as the right to life, religious liberty, immigration, and concealed carry laws. These have all been contentious, hotly debated issues for decades, but one ruling will have the ability to influence the entire domestic energy industry, our economy, and our entire system of governance. In West Virginia v. EPA, the justices decided 6–3 to repeal an Obama-era rule allowing the EPA to regulate carbon emissions for the entire energy industry.
Though it took a backseat in reporting in comparison to some of the more nationally recognized cases, this case has far greater implications than simply regulating our energy production. This case sent a warning shot regarding the separation of powers between a bureaucratic agency and elected officials who represent the will of the people and are directly accountable to them. In Congress, not acting should be as powerful of a signal to the bureaucracy as taking an action. If a “Green New Deal” member of Congress proposes but doesn’t pass a law, that doesn’t give agencies the autonomy to create the same outcome by fiat.
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