Sotomayor Update

I wanted to clarify one point re Sotomayor's EPA decision. She held that the question was solely what is the best technology that the industry could "reasonably bear," refusing to look at cost/benefit. This is considerably better than simply requiring the "best techonology" be employed, but still a poor ruling. If the benefit is minimal (she does exclude de minimis advantages) but the cost exponentially greater while still within the "bearable" range I think it should be within the EPA's power to decide that it is not the "best" technology. Administrative agencies are given broad power to create and enforce regulations...especially when subjective issues such as what is the "best" technology are concerned. However, this ruling is not nearly as poor as it was depicted in the mainstream media (read CNN/Fox/CNBC). Thanks SCOTUS Blog.

P.S. The Supreme Court agrees with me 6-3...not a good 6, but Kennedy's OK and Breyers cool.

Madison