The entire point of this case is whether Congress gave the EPA authority
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to do what it is trying to do. You are right that there are many things the EPA might address that Congress could not have foreseen when the Clean Air Act was initially passed in 1963. It was amended twice in the 70's and again in 1990. If conditions have changed such that what Congress authorized the EPA to do in the 60's, 70's and in 1990 is not longer sufficient, then Congress needs to give additional regulator authority to the EPA.
You might disagree - like the dissent - and say that Congress did give the EPA this authority. However, I cannot image that you disagree that an agency can only act based on the authority given it by Congress and that authority should be at least specific enough so that the agency cannot just do whatever it wants anytime anywhere for any reason?
Also, not sure what this decision has to do with state rights. This is about whether congress delegated authority to the EPA. Congress could pass a law with the exact same regulations. This isn't a states rights case in any way.
[Post edited by RML Hoos at 06/30/2022 1:25PM]
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In response to this post by Seattle .Hoo)
Posted: 06/30/2022 at 1:23PM
Here is the syllabus from the actual opinion. Not a "death knell" at all. -- RML Hoos 06/30/2022 12:26PM