I would love nothing more than to see Barry's Legacy torn apart. If this unravels along with Barrycare; he will be able to add those to his long list of FAILURES!
How Antonin Scalia Could Undo a Key Part of Obama’s Green LegacyJune 22, 2015 Antonin Scalia could be on the verge of throwing a wrench in President Obama's environmental agenda.
The Supreme Court is expected to hand down a verdict as early as Thursday in a legal challenge to regulations curbing toxic air pollution from the nation's fleet of power plants. The Environmental Protection Agency estimates that the regulation will prevent up to 11,000 premature deaths each year and generate $90 billion in public health benefits annually.
But the fate of that policy—a major pillar of the White House push to cut down on America's air pollution—may rest in the hands of one of the high court's most conservative justices.
Here's why: When the Supreme Court considers a batch of cases, the justices often divide the workload evenly so that each justice writes the majority opinion for one case. For a slate of cases argued in March and early April, each of the nine justices—except Scalia—has penned a legal justification. That means that if the Court follows precedent, Scalia will write the opinion in the last case—brought by a coalition of states led by Michigan and utility industry challengers that takes aim at EPA's regulations on toxic air pollution...
...If the Supreme Court rules against the agency, a variety of outcomes could unfold. The court likely would compel EPA to address cost in its regulatory determination, an outcome that would create uncertainty over the fate of the rule and potentially even delay its finalization until the president leaves office.
"These things take time, and it's already 2015. Depending on how the court rules, I don't know that they could get it done during this administration," said Justin Savage, a former Justice Department environmental lawyer and a partner with the law firm Hogan Lovells....
...Scalia pushed back against that idea during oral arguments. "I'm not even sure I agree with the premise that when ... Congress says nothing about cost, the agency is entitled to disregard cost," Scalia said, adding: "I would think it's classic arbitrary and capricious agency action for an agency to command something that is outrageously expensive and ... in which the expense vastly exceeds whatever public benefit can be ... achieved."
http://www.nationaljournal.com/energy/how-antonin-scalia-could-undo-a-key-part-of-obama-s-green-legacy-20150622
