Don’t get me wrong, I’d love Congress to actually do something productive. That would be to the huge benefit of the nation.
I think an interesting question is as follows. Should Congress actually legislate that I have to wear a hard hat on a job site or can we trust OSHA to assume that was inferred by broader legislation even though it’s may not be specifically mentioned? Or do we insist Congress amend the law to include specific hard had regulations?
I dont know if OSHA making people wear helmets for safety is the same as the EPA ruling what businesses can and cannot exist is the same.
I'd have to do more research into it. OSHA safety regulations result in fines. They don't kill entire industries on a whim.
You cannot take major actions on a whim. You must have clear direction from Congress in the form of law.
So yes, if OSHA told businesses that if they didn't wear helmets their INDUSTRY would be closed I would think OSHA would be beyond their power.
Helmet rules from OSHA and EPA shutting down and killing industries through regulation don't seem like for like. But again, I'd need to research it more. And if you ask "is that what the EPA is really doing" clearly this Supreme Court ruling says yes thats what they were doing. Otherwise it wouldn't have been brought before the SC.
Edit: See, Roberts in the ruling:
“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’” he added. But “a decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”
If you're trying to kill an entire industry, do it with law. Don't hide behind an agency you created to make such sweeping changes and kill an industry.