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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?…