EPA Finding Gives It Effective Control of the Economy

The Corner on National Review Online ^ | 12/07/09 | Iain Murray

[TonyInOhio]

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.

This is where Obama wants to get off the “endangerment” train, with the ability to regulate stationary and mobile sources (i.e., industry and cars) with almost complete discretion. These “endangerment” powers give the president tremendous leverage in a number of complex negotiations.

For example, the Obama administration already has told Congress that it will regulate greenhouse gases unless lawmakers deliver a cap-and-trade bill to his desk. The “endangerment” prerogatives also are the president’s bargaining chip in Copenhagen, where he plans on scoring his first diplomatic victory since his election night.

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.

To get around this, Obama’s EPA proposed a “tailoring rule” that would change the language of the CAA so that the threshold would be 25,000 tons. The legality of this is very much in doubt, as it amounts to the executive branch legislating, and is therefore a violation of the separation of powers.

Also under the Clean Air Act, any “pollutant” that “endangers” human health and welfare, and which is regulated for stationary and mobile sources, becomes subject to National Ambient Air Quality Standards. As described above, the Obama administration is in the process of fulfilling all these NAAQS criteria.

Last week, two environmentalist groups petitioned the EPA to regulate greenhouse gases under NAAQS. Soon the EPA will have no choice. Once the NAAQS kicks in — and it will — the American economy is, not to put too fine a point on it, screwed. The government won’t be able to permit anything larger than a mansion. Taken to the extent mandated under the Clean Air Act, the EPA would probably have to order the shut-down of most industrial suppliers and users of conventional energy.

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.

[Eric Blair 2084]

[hyperconservative]

Concur, now where might these lawyers be situated?

[hyperconservative]

Right-o!!

[dannyboy72a]

Taken a step further, each human being is producing CO2, therefore the EPA can dictate the size of gatherings (no tea parties - too much pollution), the size of your brood (too many children in the hospital at one time will create a hazard, so we will limit this highly dangerous toxin by issuing licenses to reproduce), and eventually the years of life you may live (as soon as you reach your allotted CO2 level, you lost all health care intervention).

This is not just industry, it’s 100% control. And they will incrementally get there a step at a time and people will get on this forum and bitch - while continuing to watch it happen.

BTW, Should an asteroid hit three weeks before the 2010 election, should a sudden outbreak of the flu sweep the nation in October 2012, should anything happen that would give this administration any reason to suspend our right to vote, it should be taken as a purposeful act of Treason against the People of this Country. The Pentagon should be drawing up contingencies for this occurrence right now. If asked by the media or the CIC why this is necessary, simply show them a mirror and walk away.

[CottShop]

[[On the contrary. Loosely organized independant civilian militias would probably be more effective than a concerted single force effort/movement in a CWII scenario.]]

Well I wasn’t talking so much about just one unit with only one leader- but more of a concerted effort to organize all the independent groups or militias- kinda liek what we have now with government beign hte central, and states being independent, but committed to hte whole- when this works as it’s suppsoed to, it’s very effective

[[This isn’t 1775 or 1861 where the weaponry is pretty much equal. Small arms in the hands of private citizens doesn’t square head to head against fixed wing aircraft, rotary wing aircraft, sattalites, UAVs, armored vehicles, riot control agents, automatic weapons, mortars, artillery etc etc.... in this instance small militias and guerilla tactics level the playing field.]]

Yep- good points-

[[I think the Tea Party movement is the closest we have to a unified effort of peaceful protest. I also think some catalyst (Reichstag event/Boston Massacre) will need to occur before individuals begin to effectively take up arms. Pray it doesn’t happen.]]

In my opinion, the only thing that will get the government’s ful lattention is if they are hit in their pocketbooks and wallets- if they don’t think it’ll hurt them too bad financially, then they’ll simply do what they have been like ignoring or maligning and insulting us and the tea parties- I think the only thing that will grab their attention is to step it up a notch- Europe has the right idea- when their farmers start getting jerked aroudn by the government- ALL the farmers band together and go on strike- effectively stopping hte funneling of taxes to the government ,and shuttign down progress till things get resolved

the tea parties are a good start- and I fully supported, and continue to support them, however, congresses expressed intentions, and Obama’s expressed intentions concernign both copenhagen ,and the recent EPA announcement make it clear that our govenrment is NOT goign to listen anymore UNLESS they get stung in the wallets

[CottShop]

[[Those who hate this country have just about succeeded in dooming it. We have just been smacked back into the stone age. Unfortunately, I don’t know how much pain the “public” is willing to bear before things go out of control and there are riots in the streets.
]]

You are correct, and my personal feelign is that it’s goign to take a whole lot more before we say enough is enough- We’ve had it too good for too long, and I think not many people are willing to sacrifice comfort and security by goign out on a limb unless it’s absolutely necessary- (it shoudl be obvious that it’s absolutely necessary NOW, but I think it;’s goign to take much more pain/loss of rights and income unfortunately)

[[That will be their excuse to lock this country down like we have never seen.]]

That’s EXACTLY what I was thinking today when I heard the news of Iran locking down the country durign hte aniversary of the protests- I thought- ‘How much longer before our govenrment starts that crap here?”

[[This is bad. Very bad.]]

YES it is- very bad indeed- and hwat gets me is how non chalant most people are concerning this massive massive criminal fraud beign perpetrated agaisnt us. The public was like “Ohhhh- Bernie Madoff- what a scam artist- String him up” but when it comes to us being scammed far far greater by our own govenrment? They are practically silent? And barely even mention this serious crime? That’s why I say I think it’s go9ign to take a LOT more pain to get us finally motivated-

[Antonello]

The United States government just made breathing illegal...

THINK ABOUT THAT.

Only exhaling. At least for now inhaling is still allowed.

[the invisib1e hand]

don’t worry. they’ll award indulgences to favored classes, who will in turn rent them out.

[ebshumidors]

They just made breathing illegal without a permit.

[Nobel_1]

EPA = QANGO

Quasi - Autonomous - NonGovernmental - Organization

(well, it is a government org, but it has reasonable autonomy from THIS congress ...)

Let’s face it, the EPA has organizational momentum. They had to announce this finding now because (1) Zero wants to look good overseas and (2) the recent disclosure of the greatest criminal scientific fraud of the modern age has legs and will only erode their ability to sustain such a finding as time goes on.

If the EPA can run fast enough ... then they can accomplish the Socialist take-over that Zero seeks.

The children at the EPA (and in the white house) will only see what they want to see and hear what they want to hear. Giant global dittos for those in Copenhagen this week. The levels of hypocracy at this giant worship service for 15,000 may not be exceeded for a long time.

Now the fight is on; the rule of law is almost ready to crumble in America (e.g.):

a) TARP
b) repurposing TARP (for “jobs” simulus?)
c) legislating from the EPA
d) (about to) legislate from the heathcare Czar
e) issuing rules and policy by unaccountable Czars
f) Congress refusal to uphold their constitutional duty (too many examples to cite)
g) US leverage over states
h) US leverage over individuals
i) loss of individual freedoms clearly protected by the Constitution and Bill of Rights

Every American should consider what they hold dear and what line in the sand they will draw. Consider what is worth your limited time. Consider what will build-up rewards that last. I recommend we get back to the basics of life - God, Country & Truth.

[Jackknife]