A Free-Market Energy Blog

West Virgina v. EPA: Enthroning or Dethroning a Regulatory Czar?

By Richard W. Fulmer -- July 8, 2022

“The Supreme Court’s common sense decision states that federal regulatory agencies cannot bypass Congress and unilaterally impose unprecedented and economically and politically significant mandates. Nor can they ignore their own legislatively-approved mandates, stretching them far beyond what was intended. Finally, they cannot extend their reach outside their own expertise.”

Writing in The New Republic, Simon Lazarus, retired Senior Counsel for the Constitutional Accountability Center, charges that the Supreme Court has appointed itself to be America’s regulatory czar, declaring:

The high court cast aside the peoples’ elected representatives to enact the climate denial agenda of the mega-donors who funded their nominations.

Lazarus rests his case on claims that the Court:

  1. Had no right to take the case
  2. Ignored the clear text of the law – specifically Section 111(d) of the Clean Air Act
  3.  Ignored the interests and stated desires of American utility companies

In making his argument, Lazarus adopted the now-familiar debate tactic of accusing the opposing side of doing exactly what he and his side are doing, namely creating regulatory czars and, in the process, bypassing the country’s elected representatives.…

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The Department of Energy’s Intent to Eliminate Non-condensing Furnaces

By -- July 7, 2022

“Electrification is a primary motive behind the Green New Deal (i.e., to ban fossil fuels regardless of the impact on the American economy).  If non-condensing furnaces are banned, it seems likely that DOE/EERE’s next step will be to move on with phasing-out condensing furnaces (i.e., all natural gas furnaces).”

“The good news is that the natural gas utility stakeholders along with consumer interest allies have already put DOE/EERE on notice that they will continue to resist in court (see here).”

The Department of Energy (DOE), through its Office of Energy Efficiency & Renewable Energy (EERE), is again planning to ban the manufacturing of non-condensing natural gas furnaces used in most American households. By intent, this will force consumers in the market for a new furnace to either purchase either a high-end condensing furnace or an electric heat pump.…

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Letter to U.S. Department of Energy from AFPM, API

By Robert Bradley Jr. -- July 6, 2022

“The most important near-term action the Administration can pursue is to unequivocally take counterproductive policies and rhetoric off the table. Policies like export bans or windfall profit taxes may not only hamper the industry’s ability to fully supply the market, but also create the uncertainty that dissuades potential new investments needed to increase domestic energy production.”

“… accusations of profiteering and calling into question our members’ patriotism are not supported by the facts and do a disservice to the millions of workers who show up to work every day … to power the economy.”

It is good to see the leading oil and gas trade associations on the offensive against the Biden Administration’s anti-affordable-energy agenda. With the moral high ground and the attention of regular citizen/voters, there is every reason for these consumer-driven industries to stop playing defense and woke politics.…

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Energy and Environmental Review: July 5, 2022

By -- July 5, 2022
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Happy 4th Weekend: Driving, Grilling, Fireworks

By Robert Bradley Jr. -- July 1, 2022
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Mountain Valley Pipeline: 94 Percent Complete, FERC 6 Percent Incomplete

By Robert Bradley Jr. -- June 30, 2022
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On Free Market Energy Advocacy

By Robert Bradley Jr. -- June 29, 2022
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CO2: Negating Ozone for Plant Productivity

By -- June 28, 2022
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‘Ten Policies to Unleash American Energy and Fuel Recovery’ (API gets nine of ten right)

By Robert Bradley Jr. -- June 27, 2022
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Go, Joe, Go: Visit the Home Industry before Saudi Arabia

By Robert Bradley Jr. -- June 24, 2022
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