While serving in the D.C. Circuit Court of Appeals, Chief Judge Merrick Garland has stood with the EPA almost 100% of the time!
As my readers know, Obama’s clean power plan is facing a multi-state challenge in the courts.
Garland ruled in favor of the EPA and the environmental lobby and usually wrote the court’s opinion as well!
In 2002, in the American Corn Growers Association v. EPA, the D.C. Circuit Court struck down an EPA haze rule.
The ruling upheld the goal of the 1999 rule that requires states to cut emissions for returning parks to “natural visibility.” But the court determined requiring states use the best available technology to do so was overly burdensome and inconsistent with the Clean Air Act, which granted more flexibility for states.
Garland was the lone dissenter, arguing that The Clean Air Act delegates authority to the EPA to make such judgments on reducing pollution.
The haze rule would have forced business to “spend millions of dollars for new technology that will have no appreciable effect.”
In the case of Rancho Viejo v Norton in 2003, the United States Fish and Wildlife Service had determined that Rancho Viejo’s construction plan was likely to jeopardize the continued existence of the arroyo southwestern toad, which the Secretary of the Interior listed as an endangered species.
The government presented their case under the Commerce Clause.
Roberts said that he doubted that “regulating the taking of a hapless toad that, for reasons of his own, lives its entire life in California constitutes regulating ‘commerce…among the several states’.”
Garland is a loon.
The EPA constantly uses the Endangered Species Act to steal and control private land.
In 2004, he sided against the EPA in Sierra Club v. EPA when they were going to act reasonably because Garland wanted them to act immediately.
Garland won’t only vote against our Second Amendment, he will be the EPA’s best friend, especially in the case of the Clean Power Act.
SCOTUS Blog, a non-partisan legal site that focuses on the Supreme Court, also chronicled Garland’s consistent pro-environment and mostly pro-EPA record on the bench.
There are other cases as well.