Written by Richard Falknor
"The Environmental Protection Agency has sent a proposed rule to the White House that would allow regulation of greenhouse gas emissions, but restrict the scope to only very large industrial sources.
This proposal, issued under the Clean Air Act, violates the language of the statute and effectively amounts to the EPA usurping the role of Congress . . . .
'EPA is proposing an illegal rule,' said Marlo Lewis, CEI Senior Fellow. 'They are presuming - on their own authority - to amend the Clean Air Act. It turns out that CEI was correct all along - that EPA cannot regulate carbon dioxide without grave risks to the U.S. economy unless it plays lawmaker and amends the Clean Air Act, which is a clear violation of the separation of powers.' (Underscoring Forum's.)
As CEI's Lewis had declared last June 15 - -
"An endangerment finding will trigger a regulatory cascade with potentially devastating economic impacts that Congress never intended or approved when it enacted §202. Regulatory litigation rather than legislative deliberation will determine the direction of public policy and the extent of the burdens imposed on the private sector, vitiating our democratic system. We could end up with a Mega-Kyoto system without the people's elected representatives ever casting a vote. Moreover, the only way EPA can regulate greenhouse gases under the CAA [Clean Air Act] without risk of administrative chaos and economic disaster is to flout statutory language, play lawmaker, and effectively 'amend' the statute, violating the separation of powers." (Underscoring Forum's.)
The indefatigable Climate Depot points us to today's WSJ "Terms of 'Endangerment': The EPA's anti-carbon rule is an admission that CO2 limits hurt the economy."
Here is the crucial warning from the Journal's editors - -
"But even businesses that do get a pass shouldn't rest too easily. The green lobby will quickly sue to force the EPA to enforce fully its own rules and go after all carbon sources. And why not? The Obama Administration is deliberately flouting its own legal claims for political reasons. Its cynical political hope is that if Congress won't impose cap and tax, the courts will do it anyway."
Here is yet another message to pass on to US Senators and Representatives of the president's party in the remaining few days of the Congressional recess: "We'll hold you accountable if you can't keep the Obama White House from signing off on this intrusive, economy-hobbling greenhouse-gas rule."