The EPA has been turned into one of the Executive Branch replacements for Congress. The agenda-driven bureaucrats in the EPA are writing regulatory laws that govern our natural resources and negatively impact our businesses.
One of recently issued business “rules” imposes onerous and draconian permit requirements for carbon dioxide emission. States and business groups are challenging the EPA rules.
On February 24, the Court heard oral arguments in Utility Air Regulatory Group v. EPA and we should have the decision in June or July.
The Supreme Court is the only body that can stop the EPA from taking over our lives, our land and our businesses because the Imperial president is behind every action they take.
The EPA uses the Clean Water Act and the Clean Air Act to do basically anything they want. In the case discussed in this post, the misuse of the Clean Air Act is the issue.
The EPA is requiring pre-construction permits for businesses emitting as little as 100 tons of carbon dioxide per year. This interpretation of the Act would launch 6 million permit applications per year at the cost of billions of dollars.
Unsurprisingly, the White House is all for it. The only people standing in the way of this unacceptable intrusion into our freedoms is the Supreme Court.
The Court ruled on a similar regulatory issue three years ago but the government is using the EPA to circumvent the decision of the Court just as they circumvent Congress.
After the Supreme Court rules on issues, the government turns around and does the same thing again but with a slightly different approach, knowing it takes two to five years for the Court to rule if they even agree to hear the case.
In the case three years ago, enviros tried to turn the federal courts into regulators. The EPA wanted people or businesses to get a permit-first – a permission slip – before any discharge of carbon dioxide.
The case (AEP v. Connecticut) was heard by the Court and they ruled unanimously against the absurd idea. Justice Ginsberg delivered the opinion and emphasized the point, “we each emit carbon dioxide merely by breathing.”
Now they’ve come back with a case that’s basically the same thing.
The EPA doesn’t give in on these rules even though it will cost billions and has been rejected by the Court and by the majority of citizens. They double down because they have an agenda.
If this new rule goes through, it will eventually allow the EPA alone to decide how and how quickly the Clear Air Act will be imposed on every sector of the economy.
In 2007, the Supreme Court (Massachusetts v. EPA) decided that greenhouse gases are “pollutants” for the purposes of the Act’s motor vehicle provisions but they didn’t rule that they would be “pollutants” for all sectors and stationary sources such as businesses. The EPA at the time claimed they did not intend to use it against manufacturers, businesses and utilities.
The Supreme Court is all that’s left standing between the government regulatory beast and businesses, churches, et al. They want to make everyone get a permit – everyone – before all new construction. They certainly intend to say “no” or they wouldn’t be doing this. No one can stop them but the Court. The president is ignoring Congress and using he pen and phone to push these regulations through. The EPA is an arm of the Executive Branch and they are doing the president’s bidding. He is an extreme enviro who believes we can return to a prior age for the sake of a flawed scientific model that claims man can control the climate.
Read the story at Forbes.