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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?…

Climate Politics: When Will the Sanctimony End?

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- March 2, 2010

[Editor note: Mr. Lewis’s musical parody, “How I Was Not Al Gored Into Submission,” released three weeks ago, has exceeded 20,000 views on YouTube.]

Polluter-funded” is the global warming movement’s favorite pejorative to discredit anyone who questions the reality of a climate crisis or opposes their policy nostrums. Google the term and you’ll find about 18,300 sites where it appears.

Polluter-crafted” brings up about 7,500 sites. The warming lobby uses this buzzword to trash legislation they oppose, most recently Sen. Lisa Murkowski’s resolution of disapproval, pursuant to the Congressional Review Act (CRA), to stop EPA from dealing itself into a position to make climate policy – a power Congress never approved when it enacted the Clean Air Act.

Who are these “polluters” who craft and fund?…

EPA’s Tailoring Rule: Temporary, Dubious, Incomplete Antidote to Massachusetts v. EPA’s Legacy of Absurd Results (Part 2)

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- January 8, 2010

This post is Part 2 of my examination of EPA’s Tailoring Rule — the Agency’s attempt to amend the Clean Air Act’s (CAA) Prevention of Significant Deterioration (PSD) pre-construction permitting program and Title V operating permits program so that they can be applied to carbon dioxide (CO2) and other greenhouse gases (GHGs) without spawning an economically-chilling administrative morass. Yesterday’s post argued that the Supreme Court’s decision in Massachusetts v. EPA set the stage for an administrative disaster that EPA rightly describes as “unprecedented” and “absurd.” Today’s post examines the adequacy of the Tailoring Rule as a regulatory relief measure, finds it woefully inadequate, and advises EPA not to oppose legislative action to protect the economy from Mass. v. EPA‘s regulatory fallout.

V. Tailoring Rule: Small Business Protection Is Temporary, Dubious, and Incomplete

Industry is unlikely to challenge the Tailoring Rule, since it aims to shield substantial numbers of small entities from PSD and Title V regulation of CO2 for a period of six years.…

EPA’s Tailoring Rule: Temporary, Dubious, Incomplete Antidote To Massachusetts v. EPA’s Legacy of Absurd Results (Part 1)

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- January 7, 2010