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Jun 30 2022 08:15am
Final two supreme court decisions are out

EPA decision: Rules against the EPA's expanded ability to curb emissions, a ruling against the Biden Administration
Remain-in-Mexico decision: Rules for the Biden administration, allowing them to end the Trump policy
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Jun 30 2022 08:36am
Quote (Surfpunk @ Jun 30 2022 09:30am)
If pollution generated by power plants stayed confined to the borders of the states in which they operate, you might have a point. Since it doesn't, this can rightfully be regulated under the Commerce clause (and the House and Senate both gave approval to Nixon's proposal to create the EPA, so you can't argue that Congress didn't regulate interstate commerce in this fashion).


The federal government having the authority to regulate interstate commerce doesn't mean that the federal government has regulated interstate commerce. Laws don't exist until the legislature writes them and votes on them and the president signs them into law. The EPA was never given these authorities by congress, no legislation exists to grand them such regulations, they seized it unilaterally by chevron reinterpretation to grant them a blank check, an unlimited authority premised reinterpreting plain language to suit any need they desire.

Like Roe v Wade, if political will to pass legislation existed, they could simply go and do that, right now. That's up to congress. If they don't, its because the people and their representatives don't want it. That's democracy.
As Roberts wrote for the court;

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"A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body"


This post was edited by Goomshill on Jun 30 2022 08:37am
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Jun 30 2022 08:43am
Quote (Goomshill @ Jun 30 2022 09:36am)
The federal government having the authority to regulate interstate commerce doesn't mean that the federal government has regulated interstate commerce. Laws don't exist until the legislature writes them and votes on them and the president signs them into law. The EPA was never given these authorities by congress, no legislation exists to grand them such regulations, they seized it unilaterally by chevron reinterpretation to grant them a blank check, an unlimited authority premised reinterpreting plain language to suit any need they desire.

Like Roe v Wade, if political will to pass legislation existed, they could simply go and do that, right now. That's up to congress. If they don't, its because the people and their representatives don't want it. That's democracy.
As Roberts wrote for the court;


Massachusetts v EPA already held that the EPA has the authority under the Clean Air Act to regulate GHGs as pollutants. So SCOTUS is, yet again, saying "fuck you" to stare decisis.

This post was edited by Surfpunk on Jun 30 2022 08:46am
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Jun 30 2022 08:53am
Quote (Surfpunk @ Jun 30 2022 09:43am)
Massachusetts v EPA already held that the EPA has the authority to regulate GHGs as pollutants. So SCOTUS is, yet again, saying "fuck you" to stare decisis.


And MA v EPA was a shit ruling by Stevens that deserved to be struck down. When it comes to dueling supreme court philosophies on regulatory authorization, when one is "An agency requires clear legislation or delegation from congress" and the other is "definitions may be written with sweeping and capacious language that gives them unlimited application", its clear which one is a better argument. Overly vague laws should be and are unconstitutional, the issue of regulatory obsolescence already has redress in further congressional legislation. If tomorrow congress passed a law saying "The USDA is given authority to regulate nutrition" and a year from now we were all being force-fed soylent three times a day, I'd say that Chevron Doctrine had overstayed its welcome.
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Jul 1 2022 06:10pm
Quote (Surfpunk @ Jun 30 2022 10:43am)
Massachusetts v EPA already held that the EPA has the authority under the Clean Air Act to regulate GHGs as pollutants. So SCOTUS is, yet again, saying "fuck you" to stare decisis.


If there is any one government agency that I would give excessive power to, it is OSHA.

Without them, we would have more disasters like what you see in https://en.wikipedia.org/wiki/Dark_Waters_(2019_film).

This post was edited by EndlessSky on Jul 1 2022 06:11pm
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Quote (EndlessSky @ Jul 1 2022 08:10pm)
If there is any one government agency that I would give excessive power to, it is OSHA.

Without them, we would have more disasters like what you see in https://en.wikipedia.org/wiki/Dark_Waters_(2019_film).



Didn’t they try that last year………
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Jul 19 2022 03:32am
https://www.counterpunch.org/2022/07/19/nuclear-power-is-racist-sexist-and-ageist-so-why-do-some-progressives-support-it/

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Nuclear Power is Racist, Sexist and Ageist: So Why Do Some Progressives Support It?

I am sure that certain Democratic senators such as Cory Booker and Sheldon Whitehouse, who are reasonably progressive on a host of social issues, would not considers themselves racist, sexist or ageist.

Nuclear power is all three of these things, yet Booker, Whitehouse and a number of others on the Democratic left, support nuclear power with almost fervent evangelism.

Let’s start with racism. The fuel for nuclear power plants comes from uranium, which must be mined. The majority of those who have mined it in this country — and would again under new bills such as the ‘International Nuclear Energy Act of 2022’ forwarded by not-so-progressive “Democrat”, Senator Joe Manchin (D-WV) — are Native Americans.

As such, they have taken the brunt of the negative health impacts as well as the environmental degradation both created and then left behind by uranium mines when they cease to operate, as most in the U.S. now have.

Studies conducted among members of the Navajo Nation have shown increases in a number of diseases and lingering internal contamination from uranium mine waste among newborns and children. Chronic ailments including kidney disease and hypertension found in these populations are medically linked with living near –and contact with — uranium mine waste.

At the other end of the nuclear power chain comes the lethal, long-lived and highly radioactive waste as well as the so-called low-level radioactive waste stream of detritus, including from decommissioned nuclear power plants. Again, Indigenous peoples and poor communities of color are routinely the target.

The first and only high-level radioactive waste repository identified for the U.S. was to have been at Yucca Mountain, Nevada, against the strong wishes of the Western Shoshone Nation of Indians, on whose land the now canceled site is located. The Western Shoshone had already suffered the worst of the atomic testing program, with the Nevada atomic test site also on their land, making them “the most bombed nation on Earth,” as Western Shoshone Principal Man, Ian Zabarte, describes it.

An attempt to site a “low-level” radioactive waste dump in the largely Hispanic community of Sierra Blanca, TX was defeated, as was an allegedly temporary high-level radioactive waste site targeted for the Skull Valley Goshute Indian reservation in Utah.

Currently, efforts are underway to secure what are euphemistically known as “Consolidated Interim Storage Sites” in two communities in New Mexico and Texas, again with large Hispanic populations and considerable opposition.

Needless to say, these waste projects come with notable incentives — sometimes more accurately characterized as bribes — for the host community, in an effort to describe the deal as “voluntary.” But this preys upon the desperate economic needs of the most vulnerable communities, which are usually those of color.

The only two new U.S. nuclear reactors still under construction sit close to the African American community of Shell Bluff, Georgia, a population riddled with cancers and other diseases and who bitterly opposed the addition of more reactors to an already radioactively contaminated region.

Nuclear power is sexist because exposure to the ionizing radiation released at every stage of the nuclear fuel chain harms women more easily than men. Women are more radiosensitive than men — the science is not fully in on this but it is likely connected to greater hormone production — but women are not protected for.

Instead, the standard guidelines on which allowable radiation exposure levels are based (and “allowable” does not mean “safe”), consider a healthy, White male, in his mid-twenties to thirties and typically weighing around 154 pounds. He is known as “Reference Man”.

Women’s more vulnerable health concerns, and especially those of pregnant women, the fetus, babies and small children — and in particular female children — are thus overlooked in favor of the higher doses a healthy young male could potentially withstand.

As my colleagues Cindy Folkers and Ian Fairlie wrote:” “Women, especially pregnant women and children are especially susceptible to damage from radiation exposure. This means that they suffer effects at lower doses. Resulting diseases include childhood cancers, impaired neural development, lower IQ rates, respiratory difficulties, cardiovascular diseases, perinatal mortality and birth defects — some appearing for the first time within a family in the population studied.”

Even around nuclear power plants, the very young are at greater risk. Numerous studies in Europe have demonstrated that children age five or younger living close to nuclear power plants show higher rates of leukemia than those living further away. The closer they lived to the nuclear plant, the higher the incidences.

Similarly, the elderly are more vulnerable to the harmful effects of radiation exposure than adults in the prime of life. They, too, are overlooked in favor of protecting a robust man. Elders exposed to radiation are mainly to be found in the uranium mining and milling communities, or where waste dumps are located, and are therefore more likely to be low-income with poorer access to health care and fewer finances to pay for it.

The urgency of the climate crisis is a valid reason to revisit all electricity sources and make some important choices about lowering — and ideally eliminating — carbon emissions. Ruling out fossil fuel use is a must. But turning to nuclear power — rather than the faster, cheaper and safer options of renewable energy and efficiency — is not a humane choice.

If health is the concern, along with climate change, as it most certainly is for someone like Cory Booker, then choosing nuclear power as a substitute for fossil fuels is simply trading asthma for leukemia and asking frontline and Indigenous communities to, once again, suffer the greatest harm for the least return.

A truly progressive energy policy looks forward, not back. Nuclear power is an energy of the past — borne of a public relations exercise to create something positive out of splitting the atom. It was a mistake then. And it is a mistake now. If we are to address our climate crisis in time, and to do so with justice and equality, then we must ensure a Just Transition that considers the most vulnerable and discriminated among us, not what is best for that healthy, White Reference Man.

This article first appeared on Beyond Nuclear.

Linda Pentz Gunter is the editor and curator of BeyondNuclearInternational.org and the international specialist at Beyond Nuclear. She can be contacted at linda@beyondnuclear.org.
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