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U.S. EPA Goes Unconstitutional: Time to Rein in a Rogue Agency

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- March 30, 2010

Synopsis: The U.S. Environmental Protection Agency, by pulling its punches in the Massachusetts v. EPA Supreme Court case, granting California a waiver to regulate greenhouse gas emissions from motor vehicles, and declaring greenhouse gas emissions a danger to public health and welfare, has positioned itself to regulate fuel economy, set climate and energy policy for the nation, and amend the Clean Air Act – powers never delegated to EPA by Congress. It is time to rein in this rogue agency. The Congressional Review Act Resolution of Disapproval introduced by Sen. Lisa Murkowski (R-AK) is the way to do it.

When did Congress tell the U.S. Environmental Protection Agency (EPA) to license California and other states to adopt non-federal fuel economy standards within their borders? When did Congress tell EPA to act as co-equal or even senior partner with the National Highway Traffic Safety Administration (NHTSA) in setting fuel-economy standards for the auto industry?…

Endangerment Finding: Legislative Hammer or Suicide Note?

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- April 17, 2009

EPA’s soon-to-be-published endangerment finding definitely puts a swagger in the step of energy-rationing advocates in the Administration, Congress, and environmental groups. They believe it gives them the whip hand in Congress–a hammer with which to beat opponents into supporting cap-and-tax legislation. This is too clever by half.

Yes, as explained previously, the endangerment finding will trigger a regulatory cascade through multiple provisions of the Clean Air Act (CAA).  A strict, letter-of-the-law application of those provisions to carbon dioxide (CO2) and other greenhouse gases would not only raise consumer energy prices. It could also freeze economic development, even shut down much of the economy. 

So, it’s not surprising that Team Obama and others think they can frighten opponents into supporting, for example, the Markey-Waxman cap-and-tax  bill, which specifically precludes CAA regulation of greenhouse gases under the National Ambient Air Quality Standards (NAAQS) program, the New Source Review (NSR) preconstruction permitting programs, the Title V operating permits program, and the Hazardous Air Pollutant (HAP) program. …

Obama Climatomics: Politics Drives Science Amid a Fading Alarm

By David Schnare -- March 3, 2009

The Environmental Left has used global warming as a tool to force their Malthusian “sustainability” agenda on the U.S. and, to the extent possible, the rest of the world.  Yet in one simple maneuver, the President has replaced save-the-world alarmism with a revenue-driven cap-and-trade program. It is politics, not science, which is in the driver’s seat, and the carbon cuts will be far below what the catastrophists have long demanded. The “unsaved” world moves ahead.…

CO2-Capture Coal Plants: A Ban by Another Name

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- February 19, 2009