Skip to main content


When Senate Majority Leader Harry Reid announced that he did not have enough votes to pass a Cap-and-Trade bill, there was a noticeable sigh of relief. But regulations as a substitute was not necessarily a good thing.

Cap and Trade was not new. It was used to control sulfur emissions in order to diminish acid rain. The bill passed the House, by a slight margin, 219-212. But industry brought a lawsuit challenging it, and the court held that it was illegal. Senators Kerry and Lieberman and (till he dropped out) Lindsey Graham were working on the bill when Mr. Reid found he did not have the 60 votes needed to break a C&T filibuster.

If C&T was out, and nobody was ready to introduce as an alternative a bill to tax carbon, the situation gave EPA the opportunity to take the lead..

In theory, congressional C&T legislation could be superior to regulations by EPA. EPA’s capability in writing regulations is limited by law. EPA requires applicants to use the best most advanced existing technology. But suppose another way were found that would be cheaper or more efficient than best existing technology. EPA could not permit it, but a law could, or an amendment added to the law. As utility executives pointed out, Congress “has more freedom than EPA to set up a system using incentives and, possibly, a trading mechanism, to gradually reduce” greenhouse emissions. Even EPA Administrator Jackson agreed. But the Court having held that C&T is illegal, she was willing, eager, and able to write regulations.

EPA’s rationale was that C&T would “save lives” and improve health. EPA always makes that argument. Where are the dead bodies of those who died before EPA’s new regulation was adopted? Where are the data that prove its regulations “improve health”? There is no evidence.

In 2007 the U.S. Supreme Court held in Massachusetts vs. EPA that the EPA must determine whether greenhouse gases (GHG) from new motor vehicles cause or contribute to air pollution that may “reasonably be anticipated to endanger public health or welfare,” or whether “the science is too uncertain” to know. (Enter an opportunity for EPA to use the precautionary principle encouraging wrong-thinking actions or activities based on insufficient or no science.)

The Supreme Court did not instruct EPA to regulate carbon dioxide. It gave EPA that option.

EPA was required to produce an “endangerment finding.” It published its Advanced Notice of Proposed Rulemaking to regulate greenhouse gas emissions under the Clean Air Act on July 30, 2008. It held two public hearings and received 380,000 public comments. On April l7, 2009, EPA published its 133-paged endangerment finding.

Administrator Jackson chose to announce EPA’s take-over of GHG emissions at the Copenhagen Climate Conference of countries which had convened to commit themselves to decreasing GHG emissions. Her announcement established EPA’s claim for leadership in the global climate effort.

Carbon dioxide and (declared the Supreme Court) methane and four other gases are air-pollutants that could—not should, but could—be regulated under the Clean Air Act if they may reasonably be anticipated to threaten public health or welfare.

Just days before the Copenhagen climate conference, there suddenly burst an explosion of thousands of hacked e-mails from the Climate Research Unit of the University of East Anglia. To strengthen the case for global warming, they oozed corruption in basic temperature records, maintained by the scientific advocates of the theory of man-made global warming.

To Administrator Jackson, these ClimateGate e-mails don’t matter. They are about glacial matters, which is international and don’t concern EPA.

To five states, industry, and conservative organizations, they are of concern. Scores of industry groups were joined by the Competitive Enterprise Institute, Freedom Works, the Science and Environmental Policy Project, and the Southeastern Legal Foundation. New York City and sixteen states sought to intervene on behalf of EPA.

The lawsuits ask the U.S. Circuit Court to review EPA’s determination that human health and welfare are endangered by the six “pollutants” (besides CO2 and methane, they are nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride).

Jackson, for the scientific and technological basis of her endangerment finding, had relied chiefly on the controversial 4th annual report of the UN’s IPCC (Intergovernmental Panel on Climate Change).

Legally, EPA is vulnerable, but politically? Is the Clean Air Act to be used to reduce emissions that lead to climate change? “It should be up to us in Congress to set the policy of this country, not [EPA] an unelected bureaucrat,” argued Senator Lisa Murkowski. She introduced in the Senate a “disapproval resolution” which lost, 47-53.

Representative Marsha Blackburn had a bill to limit regulation of carbon-dioxide emissions to human health, and not to climate change.

Majority Leader Reid announced that he will present a “scaled-back” energy bill which will not provide for C&T.

In the end, will EPA have complete control over the supply and use of energy? “If EPA moves forward and begins regulating stationary sources, it will open the door for them to regulate everything from industrial facilities to farms to even American homes,” warned the National Association of Manufacturers’ President John Engler. Already a news account of February reported that the EPA’s plans for the following month were “to finalize new greenhouse gas rules for automobiles and large stationary sources.”

By Natalie Sirkin


MickeyWhite said…
Marsha Blackburn Voted FOR:
Omnibus Appropriations, Special Education, Global AIDS Initiative, Job Training, Unemployment Benefits, Labor-HHS-Education Appropriations, Agriculture Appropriations, FY2004 Foreign Operations Appropriations, U.S.-Singapore Trade, U.S.-Chile Trade, Supplemental Spending for Iraq & Afghanistan, Flood Insurance Reauthorization , Prescription Drug Benefit, Child Nutrition Programs, Surface Transportation, Job Training and Worker Services, Agriculture Appropriations, Foreign Aid, Debt Limit Increase, Fiscal 2005 Omnibus Appropriations, Vocational/Technical Training, Supplemental Appropriations, UN “Reforms.” Patriot Act Reauthorization, CAFTA, Katrina Hurricane-relief Appropriations, Head Start Funding, Line-item Rescission, Oman Trade Agreement, Military Tribunals, Electronic Surveillance, Head Start Funding, COPS Funding, Funding the REAL ID Act (National ID), Foreign Intelligence Surveillance, Thought Crimes “Violent Radicalization and Homegrown Terrorism Prevention Act, Peru Free Trade Agreement, Economic Stimulus, Farm Bill (Veto Override), Warrantless Searches, Employee Verification Program, Body Imaging Screening, Patriot Act extention.

Marsha Blackburn Voted AGAINST:
Ban on UN Contributions, eliminate Millennium Challenge Account, WTO Withdrawal, UN Dues Decrease, Defunding the NAIS, Iran Military Operations defunding Iraq Troop Withdrawal, congress authorization of Iran Military Operations, Withdrawing U.S. Soldiers from Afghanistan.

Marsha Blackburn is my Congressman.
See her unconstitutional votes at :
Unknown said…
Already the EPA is in trouble following the law. Currently the Clean Air Act requires permits for pollutants from any fixed source that emits over 250 tons/year. This worked for true pollutants in the parts per million category not CO2 in the several percent of emissions. So even office buildings, schools and hospitals would be requlated. Jackson has tried to propose upping the cap by fiat not legistlation, but will be sued. Also there is no best available control technology for CO2 short of hugely expensive separation and sequestration. Also the limits are based on "toxicity" not climiate change.

So none of the base legislation works for CO2. (I'm not as familiar with mobile sources).

Popular posts from this blog

The Blumenthal Burisma Connection

Steve Hilton, a Fox News commentator who over the weekend had connected some Burisma corruption dots, had this to say about Connecticut U.S. Senator Dick Blumenthal’s association with the tangled knot of corruption in Ukraine: “We cross-referenced the Senate co-sponsors of Ed Markey's Ukraine gas bill with the list of Democrats whom Burisma lobbyist, David Leiter, routinely gave money to and found another one -- one of the most sanctimonious of them all, actually -- Sen. Richard Blumenthal."

Dave Walker, Turning Around The Misery Index

Dave Walker, who is running for Lieutenant Governor on the Republican Party ticket, is recognized by most credible political observers as perhaps the most over qualified candidate for Lieutenant Governor in state history.
He is a member of the Accounting Hall of Fame and for ten years was the Comptroller General of the United States. When Mr. Walker talks about budgets, financing and pension viability, people listen.
Mr. Walker is also attuned to fine nuances in political campaigning. He is not running for governor, he says, because he had moved to Connecticut only four years ago and wishes to respect the political pecking order. Very few people in the state think that, were he governor, Mr. Walker would know less about the finance side of government than his budget chief.

Murphy Stumbles

U.S. Senator Chris Murphy has been roughly cuffed by some news outlets, but not by Vox, which published on April 16 a worshipful article on Connecticut’s Junior Senator, “The Senator of State: How Connecticut’s Chris Murphy, a rising Democratic star, would run the world.”
On April 15, The Federalist mentioned Murphy in an article entitled “Sen. Chris Murphy: China And The World Health Organization Did Nothing Wrong. The lede was a blow to Murphy’s solar plexus: “Democratic Connecticut Sen. Chris Murphy exonerated China of any wrongdoing over the global pandemic stemming from the novel Wuhan coronavirus on Tuesday.
“’The reason that we’re in the crisis that we are today is not because of anything that China did, is not because of anything the WHO [World Health Organization] did,’ said Murphy during a prime-time interview with CNN’s Anderson Cooper.”