One can question whether or not Sen_JoeManchin got the best deal when he signed off on the Inflation Reduction Act, writes conncarroll. But he definitely didn't sign off on giving the Biden admin power to shut down West Virginia’s coal industry.
“When the Supreme Court restricted the ability of the Environmental Protection Agency to fight climate change this year,” the New York Times's Lisa Friedman writes, “the reason it gave was that Congress had never granted the agency the broad authority to shift America away from burning fossil fuels. Now it has.”
“Throughout the landmark climate law, passed this month, is language written specifically to address the Supreme Court’s justification for reining in the E.P.A., a ruling that was one of the court’s most consequential of the term,” Friedman says. “The new law amends the Clean Air Act, the country’s bedrock air-quality legislation, to define the carbon dioxide produced by the burning of fossil fuels as an ‘air pollutant.
This is an odd claim since it has been settled law for more than 15 years that the Clean Air Act already does define carbon dioxide as an air pollutant. It even came up in oral argument. Friedman seems not to know this or much else about the substance of this ruling. Early on in the proceedings, Justice Sonia Sotomayor specifically asked West Virginia Solicitor General Lindsay See: “Massachusetts v. EPA said that carbon dioxide is a pollutant under the Clean Air Act. So that's clear, right?”Contrary to the New York Times's disinformation, the issue at question in West Virginia v. EPA was not whether carbon dioxide is a pollutant.
One can question whether or not Sen. Joe Manchin got the best deal for his state when he signed off on the Inflation Reduction Act. But he definitely did not sign off on giving the Biden administration the power to completely shut down West Virginia’s coal industry, which is exactly what the original cap-and-trade plan by President Barack Obama’s EPA was designed to do.
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