Death of Supreme Court Justice Keeps EPA’s Clean Power Plan in Technical Limbo

first_img FacebookTwitterLinkedInEmailPrint分享Robinson Meyer for The New Yorker:Although Scalia’s death has already changed the outlook for a number of cases now in front of the Supreme Court, it will also alter the shape of one that will soon arrive: the legal battle over the Clean Power Plan.The Clean Power Plan is the new set of Environmental Protection Agency regulations that anchors the Obama administration’s climate-change policy. It seeks to guide local utilities away from coal-fired electricity generation, and toward renewable energy and natural gas, a change that the Department of Energy says will forestall hundreds of millions of tons of greenhouse-gas emissions. The plan’s survival—and its entry into law—could decide the fate of the Paris Agreement, the first international treaty to mitigate climate change. For a case that will ultimately turn on administrative law, it’s hard to imagine the stakes being much higher.It had already been a busy week for the Clean Power Plan. On Tuesday, the Supreme Court ruled 5-4 that the rules should neither be implemented nor enforced until the high court itself heard their opponents’ case. This was itself unprecedented: Never before had the Supreme Court stayed a set of regulations before a federal court even heard the initial case about them.This was an ominous sign for the regulations. “One has to conclude that five justices have decided that the rule must go,” said Seth Jaffe, the former president of the American College of Environmental Lawyers.But Scalia’s death could change all that. Now there are only four justices who have telegraphed their opposition to the rules. Could the Clean Power Plan now survive, after all?There are two questions to ask when gaming out the future of this particular case. First, would the Court revisit its stay on the rule, allowing the EPA to proceed to implement the regulations? And second, if the Court does hear the case about the Clean Power Plan, could its new membership change its decision?As to the first, no legal expert I talked to thought the now-smaller Court was likely to annul its stay.“There is currently no reason to assume the Court will revisit the stay order,” said Richard Lazarus, an environmental-law professor at Harvard University and a veteran of oral arguments at the Court, in an email. “It is final as voted on by the full Court at the time and is not subject to revisiting any more than any other ruling by the Court before the Justice’s passing.”The second question is more complicated. The terms of the Court’s stay were broad: It ordered that the Clean Power Plan could only enter into force after the Court itself ruled; or if the D.C. Circuit Court of Appeals heard its case (as it is scheduled to do this summer) and the Supreme Court declined to hear the inevitable appeal.In the language of the Court, taking up a case is “granting a writ of certiorari,” often shortened to “granting cert.” Unlike in a decision on a case, in which five justices determine how the court rules, only four justices need to vote to grant cert in a case. Most experts thought it was likely that the Court—whatever its makeup—would eventually hear the case.Then things get more complicated.“The Senate Republicans have already made it clear that they will not confirm anyone President Obama nominates. So it could fall to the next President to name the next justice. And that makes even higher the stakes in the next presidential election,” said Michael Gerrard, a law professor at Columbia University and the director of the Sabin Center for Climate Change Law, in an email.“If no Obama appointee is confirmed, and if Hillary Clinton or Bernie Sanders is the next President, the next Justice will presumably join the liberal wing of the court, and there is a good chance that he or she would vote to uphold the Clean Power Plan,” he told me. “That of course assumes that nominee gets confirmed before the case is decided; this could well be a massive and protracted confirmation battle, given the high stakes for so many areas of law.”If a Republican wins the White House, their Supreme Court nominee would almost certainly join the Supreme Court’s conservative wing. That justice would be unlikely to vote to support the Clean Power Plan—but it wouldn’t matter, because no remaining Republican candidate supports Obama’s climate policies, anyway, so they’d likely be reversed administratively.There’s some possibility that the Supreme Court could hear the Clean Power Plan case before a ninth justice is appointed. If it then split 4-4, the D.C. circuit’s ruling would stand. But sources cautioned this was less likely.“The earliest the Supreme Court could possibly hear it for oral argument would likely be next February or March, and it could possibly not be until the following October depending on how long the [D.C. circuit] decision takes,” said Lazarus. He added that if there is still no ninth justice at that time, the Court might opt to delay certain arguments and rulings until there is a full bench.There’s one more wrinkle to all this, Gerrard added. “Several states that litigated against the Clean Power Plan are now considering whether to undertake planning under the plan despite the stay, and it will be interesting to see whether this development influences the thinking of some of these states,” he said. If it does, that means many of the rule’s effects could enter force as prudent local utilities engage in cost-benefit analysis, even if the rule itself does not.Full article: Will a Reconfigured Supreme Court Help Obama’s Clean-Power Plan Survive? Death of Supreme Court Justice Keeps EPA’s Clean Power Plan in Technical Limbolast_img read more

2018 Tom Tom Founders Festival, April 9-15

first_imgFarm-to-Table Restaurant WeekThroughout the duration of Tom Tom Festival, restaurants and chefs are challenged to bring dishes to the menu that introduce and utilize fresh, locally sourced produce and products, further highlighting the beauty and taste of Charlottesville. We’ll be unveiling the Cville Signature Dis, and a version of the dish will be on the menu at every participating restaurant.Look for participating vendors, food trucks, and restaurants – and follow Tom Tom for more updates and exclusive deals! Spring is upon us – and with Spring, so comes the annual Tom Tom Founders Festival, in Charlottesville, VA, from April 9-15. Tom Tom Founders Festival is an inclusive, community-centric event that convenes business entrepreneurship with civic innovation with arts, music, culture, and food – and is the only U.S.-based festival to do so. With 20,000 attendees in 2017, Tom Tom Foundation is expecting larger audiences this year, flocking to see the headliners and participate in the group activities, non-profit nights, cheer on artists, and meander the open-air markets. Come for the party, leave inspired.Summits: National Conversations for Small CitiesThe Festival hosts two simultaneous conferences, The Founders Summit, which is oriented towards entrepreneurs, investors, and executives, and The Hometown Summit, which is aimed at government, foundations, and nonprofits. Both run from April 11-14. Some of the keynote and highlighted speakers at both Summits this year are:Legendary Broadcaster Dan Rather; Pulitzer Prize winner Amy Goldstein; Comedy Icon John Cleese; New York Times bestseller ElisabethRosenthal; Honest Tea Cofounder Seth Goldman; Obama White House Domestic Policy Director Melody Barnes; Political Strategist and Powerhouse Pundit Bill Kristol; Atlantic national correspondent James Fallows ; Michael B. Moore, CEO of the $75 million International African American Museum in Charleston, SC; MacArthur Genius Greg Asbed ; Aspen Institute Vice President and 8-term Congressman Mickey Edwards ; Brent Leggs , who leads the National Trust’s $25M fund to preserve black history; IDEO’s Peter Jackson ; National League of Cities’ Brooks Rainwater ; civic innovator Lennon Flowers ; Civic Nation director Jenn Brown ; 2 White House Champions of Change; Buzzfeed Senior Editor Anne Helen Peterson; Ambassador Mark Brzezinski ; and many others from MIT, Harper’s Bazaar, CityLab, Governing Magazine , NPR, Bloomberg Philanthropies, Slate, Spotify, New York Times, and more. See all speakers and sessions at as Canvas Mural Project & Public Art Bike RideArtists will team up throughout the week to transform Charlottesville’s public places (and city art buses ) into community canvasses through live arts, murals , and competitions!Massive free block partiesThey’re back! One of the highlights of Tom Tom Festival are the FREE, central block parties in Charlottesville. Open to all, the weekend of April 13-15 is chock full of live music, vendors, food truck rallies, craft beer & wine gardens, and more. Concerts will be held at Emancipation Park, in participating restaurants and venues, and at Porchella – live, intimate, porch shows in the Belmont neighborhood.last_img read more

4 necessary expenses for young professionals

first_imgHealth insuranceYou may think you’re young and invincible but then a mosquito comes along and you’ve got Zika. Under the Affordable Care Act, not having insurance could be a penalty when it comes time to pay your taxes. Sign up for that company health plan if it’s offered, and save yourself from headaches later.Life insuranceIf you’re young and/or single you may not think life insurance is important right now. With no spouse or kids, it may not feel like you need to have that coverage. If you were to pass away, your family would have to pay funeral costs and may even be responsible for any debt you have. A simple life insurance plan could help alleviate some of those costs.Emergency fundEven if you feel you’re doing well saving for retirement, you may be overlooking saving for emergencies. You never know when something may come up that’ll cost you. A medical bill, automotive damage, or a residential fire could surprise you with unexpected costs. Hopefully insurance would help in those instances, but it never hurts to be prepared.A financial advisorIf you want to start out your career on the right path to retirement, you may want to consider a financial advisor. While you can do a lot on your own, a financial advisor is a good way to reduce stress. Letting a professional take the reins could help you if you’re often worrying about money issues. 95SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,John Pettit John Pettit is the Managing Editor for John manages the content on the site, including current news, editorial, press releases, jobs and events. He keeps the credit union … Web: Detailslast_img read more

Letters to the Editor for Wednesday, Dec. 18

first_imgCategories: Letters to the Editor, OpinionSpa crew did a great job on big stormA quick letter to recognize the excellent job Saratoga Springs did clearing our streets from the sizeable two-day snowstorm earlier this month.Not only were most of the streets plowed, but Broadway and downtown were cleared in time for our Victorian Street Walk, which attracted a reported 25,000.To plow our large city so quickly, it took an experienced department with excellent leadership, a proven plan, sufficient equipment and hard work by the city crews working long hours overnights.Richard SellersSaratoga Springs Flushing is the least of Trump’s worriesDonald J. Trump has announced his latest concern, the deregulation of American toilets.He claims that Americans are flushing their toilets too often, and this in turn results in a shortage of water for washing your hands.He has ignored serious infrastructure repairs and updates in many areas of the country. The concern of seepage from underground ancient and rotting pipes, which might affect drinking water, is not there.He has denied climate change, even if there is abundant scientific proof to the contrary.Melting glaciers causing rising oceans, rampant wildfires and hurricanes resulting in human losses and hundreds of homes are just phenomena.He refuses to acknowledge the need for gun regulation, neither in the vetting process nor in being able to purchase military-type automatic rifles. The violence continues too frequently, most recently at a U.S. Naval base in Florida by a Saudi nationalist. The president offers “thoughts and prayers” until the next mass shooting.The situation at the southern border is a monumental disgrace where asylum seekers are being treated like animals, in some cases worse than animals. Another young man died last week. But never fear, now Jared Kushner is in charge.Now that the national debt has reached $21 trillion and still rising. We the people as law abiding citizens must prove our loyalty by not flushing our toilets so often.Jane ReisengerSchenectadyMust do better than tributes to racismWhile driving around Schenectady I saw a Confederate battle flag hanging on a porch.In response to this provocation, I’d like to praise the New York-based artist Kehinde Wiley and the Virginia Museum of Fine Arts (VMFA) for supporting and building the statue “Rumors of War.”This statue was recently on view in New York City and now is prominently displayed at the VMFA near, but not on, Richmond, Virginia’s, famous Monument Avenue. I spent my formative years near Richmond, where I learned that Monument Avenue was created to “honor heroes of the Confederacy.” As I learned about the Confederacy, it became clear that “Monument Avenue” is simply a monument to a beastly culture and the men who killed tens of thousands of American troops to preserve a society dependent upon the practices of kidnapping, owning people, separating families, selling children, rape and torture, to name just a few. Noting this, I do believe “Rumors of War” would be a bit better if it was forged from the melted statues of the racist traitors currently standing along Monument Avenue in Richmond. And to the New Yorkers sporting the Confederate battle flag on porches, vehicles and flag poles, I share Wiley’s response to the statues of traitors, murderers, and racists along Monument Avenue, “We can do better.”Chuck PiotrowskiNiskayunaEllen audience a bit too giddy over giftsI sat down with a cup of coffee the other day and settled in to watch the 5 p.m. local news on Channel 6. I turned on the TV, a bit early, around 4:50 p.m. Well the Ellen DeGeneres show was on with Ellen and some model dancing around telling the studio screaming, jumping women in the audience that they all were going to get free this and free that.What I find so amazing is that the women in the audience behaved like little children on Christmas morning getting presents from their parents. My question is why would they behave and belittle themselves for a free toaster or whatever. Have they no pride? There, that being said, let the flogging begin.Rick SplawnikAmsterdamMore from The Daily Gazette:EDITORIAL: Thruway tax unfair to working motoristsEDITORIAL: Find a way to get family members into nursing homesGov. Andrew Cuomo’s press conference for Sunday, Oct. 18EDITORIAL: Urgent: Today is the last day to complete the censusEDITORIAL: Beware of voter intimidationlast_img read more

Five killed, four injured after bus crashes into truck on Tangerang-Merak toll road

first_imgRead also: Overload, fatigue main factors in truck accidentsThe accident occurred at around 12:30 a.m., killing five passengers of the bus and injuring four others. Among the casualties was a toddler.Some of the dead and injured victims were taken to the Drajat Prawiranegara general regional hospital in Serang, while others were transported to Krakatau Medika Hospital in Cilegon.Personnel of the Banten and Cilegon Police’s traffic accident investigation division are investigating the accident. The police were also looking for the bus driver, who fled the scene after the accident. (nal)Topics : Five people were killed and four others were injured during an accident involving a bus and a container truck at kilometer 94 of the Tangerang-Merak toll road in Purwakarta district in Cilegon, Banten, on Tuesday at midnight.The bus, an inter-island bus traveling from Medan, North Sumatra, to Jakarta, hit a container truck traveling to Tanjung Priok, North Jakarta, reported.The bus driver was driving at a high speed prior to the accident before losing control of the vehicle at kilometer 94, causing the bus to crash into the back of the container truck.last_img read more

Unai Emery suffers Arsenal transfer blow as Christopher Nkunku closes in on Rennes move

first_imgAdvertisement Comment Metro Sport ReporterSaturday 6 Apr 2019 12:52 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link324Shares Unai Emery suffers Arsenal transfer blow as Christopher Nkunku closes in on Rennes move Advertisement Arsenal tried to sign Christopher Nkunku in January (Picture: Getty)The Gunners attempted to sign the 21-year-old in January but were unable to agree a loan to buy arrangement with the Ligue 1 champions.Emery handed Nkunku his professional debut during their time together at PSG but the versatile winger has struggled for regular starts under Thomas Tuchel.Ouest-France, however, claim the player is on the verge of joining Rennes with Nkunku’s agents having held positive talks with the club’s manager Olivier Letang.Nkunku, who has made 19 Ligue 1 appearances this season and scored three goals, has a contract which is set to expire in just over a year’s time.More: Arsenal FCArsenal flop Denis Suarez delivers verdict on Thomas Partey and Lucas Torreira movesThomas Partey debut? Ian Wright picks his Arsenal starting XI vs Manchester CityArsene Wenger explains why Mikel Arteta is ‘lucky’ to be managing Arsenal Arsenal are unlikely to sign Denis Suarez on a permanent basis (Picture: Getty)Arsenal transfer target Christopher Nkunku is keen on a summer move to Rennes and set to snub Unai Emery.The former Sevilla coach is unlikely to sign Denis Suarez on a permanent basis following his loan move from Barcelona in January.Suarez has been restricted to just six substitute appearances with Emery said to harbour doubts over his compatriot’s ability to withstand the physical nature of English football.Arsenal have the option to sign Suarez outright for £18million when the transfer window reopens in the summer, but Emery has already recommended a list of alternatives with Nkunku chief among them.AdvertisementAdvertisementADVERTISEMENTMore: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man CitySorry, this video isn’t available any more.last_img read more

Propertyology has found Cairns on track for stellar returns

first_img11 Ferntree Close, Brinsmead.A NEW report is adding to the stream of good news for the Far North property market.Market research firm and award-winning buyers’ agency Propertyology has found Cairns, as well as five other Queensland locations are among 39 places with the right ingredients for “stellar” returns on property.The criteria used included median house prices below $400,000, economic diversity, essential infrastructure, lifestyle, increased demand for housing and expected improvement in economic conditions. Real Estate Institute of Queensland Far North region zone chair Tom Quaid said the data backed what local experts had been saying for the past two years.“We’ve seen the fundamentals in place to support growth for some time now, so it’s great to see external agencies now supporting that view,” Mr Quaid said.“There aren’t too many guarantees in real estate but it was good to see Cairns come up in this report – as it has begun to across a range of studies.More from newsCairns home ticks popular internet search terms3 days agoTen auction results from ‘active’ weekend in Cairns3 days agoPropertyology head Simon Pressley who is is also a three-time winner of the REIA and REIQ Buyers Agent of the Year award. Propertyology is a national property market researcher as well as buyers’ agency specialising in investment property and was a Queensland finalist in the 2017 Telstra business Awards. Picture: Supplied“The market remains affordable for most buyers but poised for growth. If you are serious about getting into the market now is the time to start getting your ducks in a row.”Propertyology managing director Simon Pressley (pictured) said each of the 39 locations had a superior three-year outlook compared to Sydney and Melbourne.“Some homeowners, particularly in the big cities, think nothing of spending $400,000 on a renovation or $800,000 to $1 million to buy a single property,” he said.“However, for the same amount, you can buy two or more affordable properties in locations with considerable upside growth potential and rental returns that generate positive or near-positive cash flow.”Mr Pressley said smart investors look beyond high-priced capital city real estate when building a portfolio.He said based on the total return of capital gains plus rental income, many affordable locations outperformed capital city markets over the long-term.last_img read more

Mansfield school catchment secures tricky property sale

first_imgThis home at 204 Newnham Rd, Mount Gravatt East, sold for $581,982.A family desperate to get into the Mansfield school catchment have purchased this Mount Gravatt East home.LJ Hooker Sunnybank Hills sales consultant Brian Shin said 204 Newnham Rd home sold for $581,982 and is one of the more challenging homes he has had to market.“It’s on a main road and on a corner so it was particularly hard to sell,” Mr Shin said. “It is also fairly old and needs a lot of work.”More from newsDigital inspection tool proves a property boon for REA website3 Apr 2020The Camira homestead where kids roamed free28 May 2019The kitchen is a bit tired.Mr Shin said the buyers, a family, weren’t planning on renovating straight away, but wanted to get their child into the local school catchment.“They had been looking for a while but they wanted to send their son to the local school.”According to CoreLogic data, the median house price for Mount Gravatt East is $658,500, more than $76,000 over the price of this home.Mr Shin said his advice to sellers in the area was not to overcapitalise on their renovations.“Some people are spending a lot on renovations thinking they can get their money back, but that’s not always the case,” he said.“So I would urge them to make sure that they aren’t overcapitalising.”last_img read more

Primary kids told ‘don’t come back’

first_imgNZ Herald 1 Feb 2012Nearly 2000 primary school children were sent home last year following serious disciplinary matters – including 75 whose behaviour was so bad they were told not to bother returning. In many cases the disciplinary action was a last resort by desperate principals – not designed to teach the child a lesson but to get help for them or protect other students following violent, antisocial and occasionally sexually motivated behaviour. Figures released to the Herald under the Official Information Act reveal that in the 11 months to November more than 21,000 school students faced serious disciplinary action. Of those, 1874 were aged under 10 – including 170 5- and 6-year-olds – and 75 were banned from returning to their school after going before the board of trustees for a disciplinary hearing….Of the 1874 primary school cases in the year to November, 1602 children were stood down for up to five days before being allowed to return. A further 197 were suspended, usually indicating more serious behaviour, until they could go before the board of trustees. Of those students, the behaviour of 75 was so bad that they were formally excluded from the school – meaning they had to re-enroll at another school. While the figures provided for last year were incomplete, the numbers were on a par with 10 years ago. In 2001, 1963 primary-aged students faced serious disciplinary action. read more

Men’s soccer: Wisconsin finishes year unbeaten at home after 2-1 win over Buckeyes

first_imgThe University of Wisconsin men’s soccer team completed the season undefeated at home Sunday with a 2-1 win over Ohio State University.Apart from the undefeated home record, the win also brought the Badgers to a 10-win regular season, marking the first time UW has accomplished either of these since the 2013 season. The 10-win finish is double the team’s total from last season.Men’s soccer: No. 24 Badgers cruise to a 3-1 win over Western IllinoisThe No. 24 University of Wisconsin-Madison’s men’s soccer team came away with a 3-1 victory yesterday evening over visiting Western Read…Sunday’s game against the Buckeyes was also Wisconsin’s Senior Day, and it was a celebration to remember after the Badgers sent off three seniors with a win. Wisconsin fans and teammates celebrated the final regular season performances by senior goalkeeper Casey Beyers, defender Matej Radonic and midfielder Brian Hail.The Badgers have built their offense around a team effort all season, with multiple players scoring goals and spreading the offensive attack across the roster. This was no different on Sunday. Early in the game, UW junior midfielder Enda O’Neill scored his first career goal off of an assist from junior forward Tom Barlow. In the midst of the action, Barlow managed to force the ball free from OSU goalkeeper Parker Siegfried’s grip before dishing it out to O’Neill for the score.The Badgers netted their second goal only minutes before the halftime whistle blew, when sophomore Isaac Schlenker sent a hard shot into the back post off of an assist from junior forward Chris Mueller. As the first half ended, the Badgers walked into halftime with a commanding 2-0 lead.The Buckeyes hit the field for the second half playing as a much improved team with increased aggressiveness and speed. The Badgers were ready for the challenge though, and elevated their own play to match this tone as the two sides went back and forth until the Buckeyes got on the board. In the 85th minute, Ohio State senior forward Yaw Amankwa sent a strike past UW starting goalkeeper Phillip Schilling to cut the Badgers’ lead in half. Despite the late surge by the Buckeyes, Wisconsin battled to a 2-1 victory in the final minutes.This has been quite the season for the Badgers. They were projected to finish seventh in the Big Ten according to the Big Ten Men’s Soccer Coaches Preseason Poll, but instead finished third after Sunday’s result. UW has also performed well against the toughest talent in the conference with a tie to second-place Indiana University and an overtime loss to University of Maryland on the road.Men’s soccer: Wisconsin holds No. 7 Indiana to 0-0 draw at homeThe University of Wisconsin men’s soccer team proved their potential once again this year as they battled No. 4 Indiana University into Read…Wisconsin secured the No. 3 seed in the Big Ten tournament as the Badgers host a rematch of Sunday in a battle with the No. 6 seed Buckeyes. Kickoff is slated for next Monday, Nov. 6 at noon in Madison’s McClimon Complex.With a tough defense and a dynamic offense that can strike from anywhere on the field, the Badgers could be a dangerous team in next week’s conference tournament.last_img read more