Supreme Court leaves in place two Biden administration environmental regulations
WASHINGTON (AP) — The Supreme Court left in place Friday two Biden administration environmental regulations aimed at reducing emissions of planet-warming methane and toxic mercury from coal-fired power plants.
The justices did not detail their reasoning in the orders, which came after a flurry of emergency applications to block the rules from industry groups and Republican-leaning states. There were no noted dissents.
The high court is still considering challenges to a third rule aimed at curbing planet-warming pollution from coal-fired power plants.
The industry had argued the Environmental Protection Agency overstepped its authority and set unattainable standards. The EPA said the regulations are squarely within its legal responsibilities.
The Supreme Court has shot down other environmental regulations in recent years, including a landmark decision that limited the EPA’s authority to regulate carbon dioxide emissions from power plants in 2022 and another that halted the agency’s air-pollution-fighting “good neighbor” rule.
The oil and gas industry is the largest emitter of methane, which is responsible for one-third of emissions of methane, a key contributor to climate change, the EPA said in court documents. A lower court previously refused to halt the regulation.
The EPA has said the mercury rule is needed to protect public health against pollutants that can affect the nervous system and kidneys as well as fetal development.
The justices did not detail their reasoning in the orders, which came after a flurry of emergency applications to block the rules from industry groups and Republican-leaning states. There were no noted dissents.
The high court is still considering challenges to a third rule aimed at curbing planet-warming pollution from coal-fired power plants.
The industry had argued the Environmental Protection Agency overstepped its authority and set unattainable standards. The EPA said the regulations are squarely within its legal responsibilities.
The Supreme Court has shot down other environmental regulations in recent years, including a landmark decision that limited the EPA’s authority to regulate carbon dioxide emissions from power plants in 2022 and another that halted the agency’s air-pollution-fighting “good neighbor” rule.
The oil and gas industry is the largest emitter of methane, which is responsible for one-third of emissions of methane, a key contributor to climate change, the EPA said in court documents. A lower court previously refused to halt the regulation.
The EPA has said the mercury rule is needed to protect public health against pollutants that can affect the nervous system and kidneys as well as fetal development.
Supreme Court will hear an Ohio woman’s claim she lost out on jobs because she is straight
WASHINGTON (AP) — The Supreme Court is taking up the case of an Ohio woman who claims she suffered sex discrimination in her employment because she is straight.
The justices on Friday agreed to review an appellate ruling that upheld the dismissal of the discrimination lawsuit filed by the woman, Marlean Ames, against the Ohio Department of Youth Services. Arguments probably will take place early next year.
Ames, who has worked for the department for 20 years, contends she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.
Title VII of the Civil Rights Act of 1964 bars sex discrimination in the workplace. A trial court and the 6th U.S. Circuit Court of Appeals ruled against Ames.
The question for the justices is that the 6th Circuit and several other appeals courts apply a higher standard when members of a majority group make discrimination claims. People alleging workplace bias have to show “background circumstances,” including that LGBTQ people made the decisions affecting Ames or statistical evidence showing a pattern of discrimination against members of the majority group.
The appeals court noted that Ames didn’t provide any such circumstances.
The justices on Friday agreed to review an appellate ruling that upheld the dismissal of the discrimination lawsuit filed by the woman, Marlean Ames, against the Ohio Department of Youth Services. Arguments probably will take place early next year.
Ames, who has worked for the department for 20 years, contends she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.
Title VII of the Civil Rights Act of 1964 bars sex discrimination in the workplace. A trial court and the 6th U.S. Circuit Court of Appeals ruled against Ames.
The question for the justices is that the 6th Circuit and several other appeals courts apply a higher standard when members of a majority group make discrimination claims. People alleging workplace bias have to show “background circumstances,” including that LGBTQ people made the decisions affecting Ames or statistical evidence showing a pattern of discrimination against members of the majority group.
The appeals court noted that Ames didn’t provide any such circumstances.
Court will weigh Mexico’s $10B lawsuit against U.S. gun makers
WASHINGTON (AP) — The Supreme Court said Friday it will decide whether to block a $10 billion lawsuit Mexico filed against leading U.S. gun manufacturers over allegations their commercial practices have helped caused much bloodshed there.
The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.
A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70% of the weapons trafficked into Mexico come from the United States.
The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully” gunmakers into adopting gun-control measures.
Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms.
But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.
U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.
Still, with some claims remaining and an appeal possible, the gun makers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.
The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.
A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70% of the weapons trafficked into Mexico come from the United States.
The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully” gunmakers into adopting gun-control measures.
Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms.
But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.
U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.
Still, with some claims remaining and an appeal possible, the gun makers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.
