The U.S. Supreme Court exempts a small proportion of facilities from the federal Clean Air Act.  Texas Attorney General Greg Abbott called Monday's decision “a great victory for the rule of law and for the Constitution” and “a resounding defeat for those, like the President, who would use unelected bureaucracies to override the will of the people.”

However, the court held that most power plants and new refineries must still abide by the law.

“These regulations will amount to a massive energy tax that will be passed on to consumers and businesses, and American families will be hit again and again with higher energy prices,” says Nick Loris at the Heritage Foundation.

Justices found that the E-P-A lacks authority to force companies to evaluate ways of reducing carbon dioxide emissions. But the decision won't affect proposals for new and existing power plants.

Loris says the president hinted about this end-around when Congress rejected cap and trade.

“He told, I believe it was Rolling Stone magazine that there's another way to skin a cat,” Loris tells KTRH News.  “And they've been going through this with unelected bureaucrats to implement essentially the regulatory equivalent to cap and trade.”

Loris argues the new regulations will do little to curb emissions, calling it more pain than gain with the increase in taxes.