Posted on 02/08/2016 5:22:01 AM PST by Texas Fossil
Environmentalist lawyers have been pushing a legal theory that would give the Environmental Protection Agency cover to regulate every facet of state energy policy - effectively eliminating states' authority to craft their own regulations.
"Buried in the Clean Air Act is an extremely powerful mechanism that Daily Caller New Foundationeffectively gives EPA carte blanche to tell states to make drastic cuts to their emissions," Brian Potts, a partner at the law firm Foley & Lardner wrote in Politico Monday.
"This provision, which can now be used thanks to the completion of the Paris climate deal, raises important questions about national sovereignty and states' rights - questions that Republicans would undoubtedly use to try and kill such a proposal," Potts wrote. "But the benefits of using this mechanism dwarf those concerns."
Potts is referring to Section 115 of the Clean Air Act. Liberal legal scholars argue the Paris global warming treaty has triggered this little-known provision of federal law, and now the EPA can launch a full takeover of states' environmental regulatory agendas.
(Excerpt) Read more at cfact.org ...
Turn off the AC? Are you kidding or insane?
“I have to say the Chicago Mob has made the term “lame duck president” completely obsolete.”
—
Criminal ComDems think they are totally above the law. They are frantic to do the most damage possible until Obozo is out of office.
Expose’em ALL.
“We simply don’t have enough productive work for all of us.”
Problem is too much regulation strangles private initiative. Lower taxes, remove ALL un-necessary regulation, sell of most Federal lands to private US citizens only. Pay down the national debt. Stop subsidizing industries that won’t make it on their own.
The market works. Government is never the solution.
No EPA. No Clean Air Act.
Run the subversive bastards out of DC. Force them to find a real job.
The EPA was created by Nixon to simplify and streamline the Executive Branch agencies enforcing the following laws, all passed by a Congress and signed by a President:
Air
1955: Air Pollution Control Act PL 84-159
1963: Clean Air Act PL 88-206
1965: Motor Vehicle Air Pollution Control Act PL 89-272
1966: Clean Air Act Amendments PL 89-675
1967: Air Quality Act PL 90-148
1970: Clean Air Act Extension PL 91-604
Water
1948: Water Pollution Control Act PL 80-845
1965: Water Quality Act PL 89-234
1966: Clean Waters Restoration Act PL 89-753
1970: Water Quality Improvement Act PL 91-224
1972: Federal Water Pollution Control Amendments of 1972 PL 92-500
Land
1964: Wilderness Act PL 88-577
1968: Wild and Scenic Rivers Act PL 90-542
1970: Wilderness Act PL 91-504
Endangered species
1946: Fish and Wildlife Coordination Act PL 79-732
1966: Endangered Species Preservation Act PL 89-669
1969: Endangered Species Conservation Act PL 91-135
1972: Marine Mammal Protection Act PL 92-522
1973: Endangered Species Act PL 93-205
Hazardous waste
1965: Solid Waste Disposal Act PL 89-272
1970: Resource Recovery Act PL 91-512
Other
1947: Federal Insecticide, Fungicide, and Rodenticide Act PL 80-104
1969: National Environmental Policy Act PL 91-190
1972: Federal Environmental Pesticide Control Act PL 92-516
If the EPA were dissolved by Executive order tomorrow, all these laws would still be on the books, any President would have to take care that they be faithfully executed, and they would require separate, mini-EPAs at Interior, Agriculture, Commerce, Labor, HUD, HHS and possibly Justice.
The problem is not the EPA. The problem is Congress.
The Worst Problems with the EPA are due to the Totally Rogue expansion of authority by administrative means. NOT by Congress.
I agree that the EPA has gone, and wants to go, beyond what is “reasonable”.
But the law is not “reasonable”.
The law says (basically), “The US will have clean air, and the President is authorized to make such regulations as he sees fit to make this happen”.
Why don’t you dig a little deeper? Yes, turn off the AC in the crapitol and the congressional office buildings. Before there was AC in DC people left there in the summer. NO AC would at least get the sobs out of DC for the summer months and put them back in reality land and away from meddling in our lives every single freaking day!
That legal premise is a fatal error. But we have never had an openly Anti-American POTUS before either.
If you mean that the delegation of "all legislative powers herein granted" to the Executive is unconstitutional (and fatal to a Republic), I agree.
Yes, we agree.
The point of my original post, though, was to make it clear that the existence of the EPA is not the main problem, and that, since Congress gave away the powers we granted to it, and the Supreme Court approved of such delegation, that fascist bureaucrats would be trying to enforce these “laws”. whether the EPA existed or didn’t exist.
Thanks, that helped clear up our conversation.
We’re on same page.
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