Written by Richard Falknor
The Blue Ridge Forum
Last September 3 here we wrote "Obama's Green Statists Sneak in the Regulatory Back Door" suggesting that
"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.'"
Read our September post here for the details and the legal bramble-bush that were expected from an endangerment finding.
"The EPA is about to announce that greenhouse gases endanger public health and welfare, something that has in many ways been inevitable since the boneheaded SCOTUS ruling in Mass. vs EPA (which essentially found that the Clean Air Act was always intended to be Kyoto-on-steroids.) With thanks to my colleague Will Yeatman, here's a brief summary of what this means, and why you should be appalled.
Under the Clean Air Act, an 'endangerment' finding means that the EPA will have to grant a waiver to those states (such as California) that want to regulate greenhouse-gas emissions from automobiles. The EPA has already agreed to do so. When 'pollutants' that 'endanger' human health and welfare are regulated, the EPA must expand its regulatory program to include 'stationary' sources. The EPA has already announced that it will do so."
. . . . .
"The problem is that the president can't get off the train where he wants. He simply can't stop what he has started. Under the statutory language of the Clean Air Act, the regulation of mobile sources tripwires regulations for all stationary sources that emit more than 250 tons of a designated pollutant. For greenhouse gases, that's pretty much everything larger than a Gore-sized mansion. These stationary sources would have to get a Prevention of Significant Deterioration permit for any significant modification, as would any new source. They would also have to get operating permits. The upshot is that millions of buildings would be subject to regulations. Small businesses will similarly be affected, as millions of businesses emit that amount of greenhouse gases. Fast-food franchises, apartment blocks, hospitals - you name it - will find themselves subject to EPA bureaucracy."
. . . . .
"There's only one remedy for this otherwise inevitable regulatory nightmare. The Congress must pass H. R. 391, legislation offered by Rep. Marsha Blackburn (R., Tenn.) that prohibits the EPA from using the Clean Air Act to regulate greenhouse-gas emissions." (Underscoring Forum's throughout.)
Today we should be honoring those who fought for us at Pearl Harbor 68 years ago. But lamentably this day we are seeing another kind of assault, this time by our own White House and its EPA and now the target is our entire home front: jobs, businesses, property rights.
Make a list of those who supported this kind of economy-devastating approach by voting in the House for cap-and-tax. And also write down those who helped advance this approach by laying the state-level groundwork. See, for example, those who in the Maryland General Assembly supported the paths to green statism.