The EPA’s power plant regulation overreach just got the thumbs down from the US Supreme Court. I’m formatting Justice Scalia’s decision for the majority (complete EPA decision on MICHIGAN ET AL. v. ENVIRONMENTAL PROTECTION AGENCY ET AL. here) to post for the wonky folks who like to get into the weeds, but for now I’ll leave you with this.
Turning to the mechanics of the hazardous-air-pollutants program, EPA argues that it need not consider cost when first deciding whether to regulate power plants because it can consider cost later when deciding how much to regulate them. The question before us, however, is the meaning of the “appropriate and necessary” standard that governs the initial decision to regulate.



