"This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA's contention that it could consider costs in setting [National Ambient Air Quality Standards]," Scalia wrote in his dissent, which was joined by Justice Clarence Thomas.The Google reveals that Scalia has done this a few other times this century:
The problem: the EPA's position in the 2001 case was exactly the opposite. The agency was defending its refusal to consider cost as a counter-weight to health benefits when setting certain air quality standards. It was the trucking industry that wanted the EPA to factor in cost. The 9-0 ruling sided with the EPA. The author of the ruling that Scalia mischaracterized? Scalia himself.
Monday, June 29, 2015
Antonin Scalia is 79 and his most recent contradiction of one of his own opinions started me thinking that maybe he is losing a little upstairs. Scalia has made this kind of blunder several times in the past and perhaps the worst was his 2014 opinion about the EPA:
Posted by Steve J. at 9:53 PM