Comments on: EPA Endangerment Showdown: Should Congress Heed Russell Train’s Advice?

By: Latest Evidence of Runaway EPA Regulatory Train: Greens Sacrifice Biomass to Get at Coal

Tue, 16 Aug 2011 17:01:41 +0000

[...] Air Act. My colleague Marlo Lewis knows this topic better than anyone, and I recommend reading this, this, and this, if you want to grasp the nitty-gritty details. Here’s our thesis in a [...]

By: Federal Court Ruling Evidences Runaway Regulatory Chain Reaction

Federal Court Ruling Evidences Runaway Regulatory Chain Reaction — Wed, 13 Jul 2011 20:26:33 +0000

[...] that this would happen. My colleague Marlo Lewis has been sounding this alarm for some time. See here, here, and here. Last week’s D.C. Court ruling is further evidence he is right. Environmentalist [...]

By: Waxman, Markey, Inslee Put Agenda Ahead of Constitutional Principle

Waxman, Markey, Inslee Put Agenda Ahead of Constitutional Principle — Mon, 14 Mar 2011 22:14:52 +0000

[...] The CAA as amended in 1990 does mention “carbon dioxide” and ”global warming potential,” but only once, in the context of non-regulatory provisions, and each time followed by a caveat admonishing EPA not to infer authority for “pollution control requirements” or “additional regulation.” This language would have been superfluous and without legal effect if, as Waxman assumes, EPA already had authority since 1970 to regulate carbon dioxide as an “air pollutant” or greenhouse gases in general based on their ”global warming potential.” The only time Congress directly spoke to the issue of global warming in the Clean Air Act, it instructed EPA not to jump to regulatory conclusions. For further discussion, see my columns EPA’s End-Run Around Democracy and Endangerment Smackdown: Should Congress Heed Russell Train’s Advice. [...]

By: Regulating Greenhouse Gases: Is EPA Following the Law or Doing an End-Run around Democracy? | GlobalWarming.org

Mon, 03 Jan 2011 20:00:33 +0000

[...] of powers. This is the point I develop in my Pamajas Media column and in a MasterResource.Org column last summer rebutting former EPA Administrator Russell Train’s argument that EPA was merely [...]

By: Supreme Court to Hear Global Warming Nuisance Case: Will the Court Empower Trial Lawyers to ‘Enact’ Climate Policy? | GlobalWarming.org

Wed, 08 Dec 2010 18:25:05 +0000

[...] planet would starve, freeze in the dark, or not even exist. Massachusetts v. EPA’s legacy of absurd results is small change compared to the Hobbesian nightmare the Court will bring into being if it decides [...]

By: How to Improve Sen. Rockefeller’s EPA Proposal | GlobalWarming.org

Tue, 16 Nov 2010 22:23:01 +0000

[...] Thanks to the Supreme Court’s decision in Massachusetts v. EPA and the agency’s expertise in bureaucratic self-dealing, EPA has positioned itself to regulate fuel economy, set climate policy for the nation, and even amend the Clean Air Act — powers never delegated to it by Congress. [...]

By: Can the Endangered Species Act Compel America to De-Industrialize? | GlobalWarming.org

Fri, 22 Oct 2010 20:26:03 +0000

[...] the ESA to be used as a framework for climate policy. It is not designed for that purpose. The same can be said however about the Clean Air Act, yet in Massachusetts v. EPA, the Supreme Court, unable to resist [...]

By: Sen. Baucus, I Salute You! OK, I Will Salute You If… | OpenMarket.org

Thu, 07 Oct 2010 18:15:57 +0000

[...] Third, although Baucus may not acknowledge it, his “too much power into few hands” argument is tacit criticism of the Supreme Court’s ruling in Massachusetts v. EPA, which both authorized and pushed EPA to regulate greenhouse gases via the Clean Air Act. The Court authorized EPA to regulate greenhouse gases when it declared that “greenhouse gases fit well within the Clean Air Act’s capacious definition of ‘air pollutant’” (they don’t, as I explain here). [...]

By: Motion to Stay Makes Strong Case Court Should Overturn EPA Global Warming Rules | OpenMarket.org

Wed, 22 Sep 2010 23:44:59 +0000

[...] is correct, then EPA bears a greater responsibility for Massachusetts v. EPA’s “legacy of absurd results” than I previously [...]

By: Statement of Marlo Lewis on S.J.Res.26, Sen. Murkowski’s resolution to overturn EPA’s endangerment finding | OpenMarket.org

Tue, 08 Jun 2010 16:06:12 +0000

[...] [...]