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The issue at the Supreme Court is whether the agency should have weighed the potential environmental harm of the railroad’s main cargo, both where the oil is drilled in Utah and refined on the Gulf Coast, when it has no regulatory authority over oil production.

I’m not as down on SCOTUS as the rest of you, excepting Thomas and Alito. They’ve either ruled or refused a couple of dozen cases that could be seen as liberal wins. But this one sounds like a slam dunk for the railroad.

Sounds like an agency regulating a thing they don’t have authority over. This Court will overrule them in a heartbeat.

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