Supreme Court sides with timber industry, dealing blow to environmentalist | TigerDroppings.com

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wickowick
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Supreme Court sides with timber industry, dealing blow to environmentalist


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quote:

In a defeat for environmentalists, the Supreme Court on Wednesday sided with the U.S. timber industry in a dispute over whether loggers should have to get special EPA permits because of gravel and dirt falling into nearby waterways.

In a 7-1 vote, the court reversed a lower-court ruling which said the run-off from logging sites is the same as any other industrial pollution, requiring a Clean Water Act permit from the Environmental Protection Agency.

The Supreme Court justices said the logging companies did not need to get the permits. During the arguments, the timber companies had said a ruling against them would put the U.S. timber industry out of business -- and that it would cost millions for every single logging project to get EPA permits.

The EPA itself disagreed with the lower-court ruling. Supreme Court Justice Anthony Kennedy said for the court that the agency's reading of its own regulations is entitled to deference from the court.

In any event, the agency has since issued a new regulation that removes any doubt that water from logging roads is the same as runoff from a farmer's field, not industrial pollution.
Justice Antonin Scalia dissented, saying that the court gives EPA and other agencies the authority to say what their rules mean "for no good reason."

Justice Stephen Breyer did not take part in the case because his brother, U.S. District Judge Charles Breyer, was appointed to sit on the appeals court panel that issued the ruling overturned Wednesday.








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SlowFlowPro
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

Justice Antonin Scalia dissented, saying that the court gives EPA and other agencies the authority to say what their rules mean "for no good reason."

WHERE IS REX?

and the EPA has gotten absolutely bitch slapped 2 USSC sessions in a row






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dominustd
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Member since Oct 2012
1324 posts

re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

Justice Antonin Scalia dissented, saying that the court gives EPA and other agencies the authority to say what their rules mean "for no good reason."


Scalia booms the libs again.

quote:

Scalia agreed with a portion of the court’s ruling finding the case is not moot, but took the court to task for agreeing with the EPA interpretation. The majority “gives effect to a reading of EPA’s regulations that is not the most natural one, simply because EPA says that it believes the unnatural reading is right,” Scalia wrote.

In Scalia’s view, it is time to overrule Auer v. Robbins, a 1997 case establishing the general rule that courts defer to an agency’s interpretation of its own regulation unless it is plainly erroneous or inconsistent with the regulation.

“Enough is enough,” Scalia said. “For decades, and for no good reason, we have been giving agencies the authority to say what their rules mean, under the harmless-sounding banner of ‘defer[ring] to an agency’s interpretation of its own regulations.’ ”


Brilliance.






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RLDSC FAN
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

and the EPA has gotten absolutely bitch slapped 2 USSC sessions in a row



thank god






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GumboPot
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

and the EPA has gotten absolutely bitch slapped 2 USSC sessions in a row


7-1. That is a bitch slap.






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SlowFlowPro
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


i think the one last term was 9-0


This post was edited on 3/20 at 8:56 pm


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dominustd
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

and the EPA has gotten absolutely bitch slapped 2 USSC sessions in a row


The EPA clarified their rules 3 days before the arguments. Even they disagreed w/ the lower court about their shitty language.






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dominustd
LSU Fan
La.
Member since Oct 2012
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


Only 8 voted, 7-1, one lib, forgot who couldn't participate.

Oh, nevermind. I misread.



This post was edited on 3/20 at 8:58 pm


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SlowFlowPro
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


breyer.

sackett v. EPA was 9-0






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Sentrius
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

forgot who couldn't participate.

quote:

Justice Stephen Breyer did not take part in the case because his brother, U.S. District Judge Charles Breyer, was appointed to sit on the appeals court panel that issued the ruling overturned Wednesday.






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Sentrius
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Fort Rozz
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:


and the EPA has gotten absolutely bitch slapped 2 USSC sessions in a row







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CajunSoldier225
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re: Supreme Court sides with timber industry, dealing blow to environmentalist






The EPA sucks...






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wickowick
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re: Supreme Court sides with timber industry, dealing blow to environmentalist








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Teddy Ruxpin
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Member since Oct 2006
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

i think the one last term was 9-0


Who "won" the lower court ruling on that one? Because, if the EPA did, I can't imagine a more legal undressing then Supreme Court going 9-0 against your lower court's ruling. I think I'd might retire from the legal profession altogether.



This post was edited on 3/20 at 9:15 pm


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SlowFlowPro
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


quote:

Who "won" the lower court ruling on that one?

the EPA won at the district court and in the 9th circuit







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TurboDogTiger
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Triangle, NC
Member since Feb 2007
570 posts

re: Supreme Court sides with timber industry, dealing blow to environmentalist


Fantastic. We hate the EPA because saving the environment is so liberal. Those a$$holes want my grand kids to have drinkable water and clean air to breathe...frick them.





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RollTide4Ever
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Nashville
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9152 posts

re: Supreme Court sides with timber industry, dealing blow to environmentalist


The was none of that before EPA?





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FalseProphet
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


Considering that the EPA won twice, and quite possibly had a chance to win again at the Supreme Court, but still elected to change their own rules in favor of the loggers, I'd hardly call this a bitch slap at all.





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Roaad
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re: Supreme Court sides with timber industry, dealing blow to environmentalist


so they felt they
quote:

had a chance to win again at the Supreme Court
but instead
quote:

elected to change their own rules in favor of the loggers

I had a chance to win a baseball game, but elected to forfeit. Just cuz.

quote:

I'd hardly call this a bitch slap at all.
spinners gonna spin






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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
5506 posts

re: Supreme Court sides with timber industry, dealing blow to environmentalist


It's not spinning. A change I position hardly warrants calling it a bitch slap. This happens all the time with government agencies, but you people scream like Braveheart when it deals with environmentalists.

I'm an avid court watcher, and again, this is hardly a bitch slap.






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