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Time to Rein in the EPA’s Authority

Tuesday, January 4, 2011

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The American people didn’t want it and Congress couldn’t do it, but don’t let that stop the Environmental Protection Agency (EPA).

Despite Congress’s inability to pass cap-and-trade legislation that would have increased energy prices dramatically, the EPA is moving forward with its own regulations on greenhouse gas emissions, most notably carbon dioxide (CO2). The EPA will start regulating emissions from new power plants and major expansions of large greenhouse gas emitters and set the schedule for the next two years:

By midyear 2012, refineries and fossil-fuel-fired electric utilities will be required to begin lowering their greenhouse gas emissions under a recent court settlement reached by the Environmental Protection Agency and several states and environmental groups. Refineries and power plants are responsible for 40% of U.S. greenhouse gas emissions, EPA said when making the announcement on Dec. 23.

Under the settlement, EPA will use Clean Air Act regulations to propose emissions standards for power plants in July 2011 and for refineries in December 2011 and to issue final regulations in May and November 2012, respectively.

EPA has not determined what the standards will be, however, and the agency said the lengthy schedule allows it to host several “listening sessions” with businesses, states, and other stakeholders early in 2011 as it draws up actual regulations.

Incoming chairman of the House Energy and Commerce Committee Fred Upton (R–MI) is making EPA regulations a priority. On Sunday he told FoxNews, “We are not going to let this Administration regulate what they’ve been unable to legislate.” Congress could do this by amending the Clean Air Act to exclude CO2 and other greenhouse gases from coming under the EPA’s purview. Defunding the EPA in a spending bill or using the Congressional Review Act could also prevent the EPA from regulating CO2. Several states and businesses have already filed lawsuits challenging the regulation’s constitutionality and urging that the EPA’s procedures violate existing statutory language.

The uncertainty of what will come of all this is making it difficult for large industrial projects to move forward. Jeffrey Holmstead, a President Bush-era EPA official, emphasized, “It slows everybody down because nobody knows what the rules are going to be.” And it’s not just the EPA regulating CO2. Environmental groups can challenge new projects, and other EPA rules make it nearly impossible to break ground for new projects. “”That is a huge part of the problem,” says Holmstead. “There are multiple opportunities for it to be challenged and held up.”

Post Continues on blog.heritage.org

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  • http://yahoo.com tod

    We need to stop this now before it gets any bigger.

    • EddieW

      They need to have their feathers clipped, but DHS and FBI doing exactly what Hitler & Stalin did in their countries, turning this into a Police State, with no freedoms, really need shut down!!!

    • Gerry L

      While it is very very drastic measure, EPA can be stopped. When EPA starts implementing their new CO2 and greenhouse gases emmission standards, the impacted facilities be taken off line. Such actions would immediately create shortages of all petroleum products and electrial supplies. This would have a desvastating impact on the economy which would lead the public to demanding rollback of the new standards.
      As I said, it would be drastic but it is like when the mule won’t listen you hit it between the eyes with a 2×4 to get it’s attention.

  • Gene

    ELIMINATE the enviro-nazi arm of that commie rat bastard osama obama

    • Just wondering

      Very eloquitly said. I agree 100%.

    • Am2sweet

      Perfectly said. We need rid of the Nazis so we can reclaim our country.

    • http://yahoo Norbert

      I totally agree.

    • Apache6

      AS DO I!!!!

  • http://opinerlog.blogspot.com Jim Delaney

    Hit the runaway bureaucrats head on–and hard! Progressive tyranny should no longer be tolerated!

  • PISSED OFF PATRIOT

    awww dont close down the EPA , if you did where would all the looney tune tree huggers and the left wing dykes work ?

    • Big Ugly

      How about the local whorehouse?

    • Andy

      They can work in a laundromat doing wash in Cold water. That will keep them busy and out of trouble. And yes maybe a whorehouse doing to them what they have been doing to us for so long.

    • Apache6

      I thought tree huggers were people that hunted from tree stands!!!

    • http://Patriotupdate NamVet68/70

      Those are hunters who don’t have a tree stand!

  • Pete0097

    ALL departments in the government should be either downsized or salaries cut back. Why should only the government workers have good salaries. They already have better health and retirement benefits as well as 17 paid holidays a year. 99% don’t earn what they are paid and some don’t even do anything productive (like my sister-in-law and congressional staffers) if they just cut the salaries of non-miltary workers 5 to 10%, that would cut the deficit down to size.

  • kategray

    The EPA drove a lot of manufacturing out of this country. We are no longer an industrial nation we once were. Big brother took care of that. How do we bring it back, maybe a new president who knows business.

  • Tharos

    Time to abolish the EPA. There is noting in the Constitution’s enumerated powers that gives Congress, the President, or the Judical Branch, authority to have an EPA.

    • Robert Travis

      All of these agencies put out regulations that have the power of law, ie: you can be fined, jailed, persecuted, etc. The constitution says only congress can legislate laws. Where in the constitution does it state that agencies can create regulations that are as binding as law? For that matter, where in the constitution does it state that the president can circumvent congress by executive order? The power of federal legislation cannot be given away, yet here we are…most of these agencies are unconstitutional…lets defund them and they’ll disappear.

    • robie

      Get rid of it. Time to abolish the EPA.

  • Bobnip

    Please show me anywhere in the Constitution of the United States where a Dept. of Government can write and implement laws without legislative or judicial review??? The EPA is way out of control, as well as all the other CZAR led Departments, orchestrated by the Marxist Muslim Chicago Thug!

    • Andy

      It makes me wonder why we even have a Congress. Our illustrious faux president is making them irrelevent by much back-room dealing or Executive orders, etc. Maybe that’s what he meant by a transparent government. We can see,very clearly, how bad we’re being screwed, right, left, backwards and forward. I can only hope and pray that this Congress is awake.

    • john.p

      Thank the peanut vendor Jimmy “the mouse” Carter for the EPA.

  • http://Yahoo.com Thomas Martin

    The EPA AKA Evil Political Assholes are anti America. They sure don’t stop foreign countries from drilling right off our coast line, but let an American oil company try.

    We have enough oil here in the USA to last for a real long time. I know that I’m sick of paying high prices for fuel that we buy from the people who hate our guts.

    We need more Nuclear facilities for our energy source, clean burning coal fired power plants too. This green crap they push is just a money making rip off of the American tax payers.

    I just hope the new congress sets these asshole straight.

  • Dave Langdon

    If you really want to save this country from bankrupcy, eliminate the EPA and let God handle the environment as He always has. How can we be doing everything wrong and living 40 years past what we did before. I FDR thought that anyone would live til 65 he would have made the age 80. Soc Security was never supposed to pay anyone , it’s a Ponzi scheme folks and they all need to be in cells next to Bernie Madoff. If we suspended the EPA for one year everyone would be back to work and we would be able to build the batteries for the Chevy Volt fiasco. Wake up America

    • john.p

      The material used to build batteries for the Volt is more hazardous to the enviroment than all the internal combustion engines built.

  • Tom

    Time to get rid of the EPA altogether.

  • DeborahTexas

    Time to down size our government….start with EPA, FDA, Education AND homeland security.
    Let us not forget the Federal Reserve.

  • Otto

    I agree with abolishing the EPA–but lets not stop there—-rid us of the Energy and Education departments. Statesand School Boards, are responsibile for Education—-not DC. By George–if we clased these department we would be very close to the $100 Billion Federal cuts.

    Our First question to ask—for keeping slected departments is: WHAT IS VALUE ADDED.

  • Julian Newton

    Tell your congressional representatives that they should not cave on reducing the EPA’s budget to $1 million, that should allow them only enough to take care of what is really important and send them the message that this is a republic not a dictatorship.

    • Apache6

      I say cut it to 1 dollar!!

  • CREW

    I live in the Permian Basin Oilfield in TX. Governor Perry is fighting him on this one. I can tell you where I live there is no pollution that you can see or smell. I live one hour away from an oil refinery and I have passed it thousands of times. Even though there is a lot of smole coming from it at times I have never smelled it or felt ill. The only pollution I have ever sensed in TX is when I am on I-30 in Ft. Worth by the buildings that the Basses won’t let them tear down— and it is car exhaust.

  • CREW

    meant smoke–sorry

  • CJM

    Regulatory agencies do NOT have the power to make laws; they can regulate, but only if Congress approves. The problem has been that Congress has allowed these agencies to run amok with over-regulations, many not even enforceable. It is time Congress reeled them in and held these agencies accountable. Congress should also toss more than half of the regulations out the door; this would certainly enable the American citizen and legitmate businesses breathe a bit easier.

  • cheryl jessup

    I heard a real disturbing thing the other day. The said the head of the EPA is second most powerful person in Washington is the head of the EPA. They said even the president no matter what party can’t get rid of the. This not an elected office and I want to know why the president could not appoint someone else. Does anyone out there know. The head of the EPA is a leftist liberal woman.

  • http://zamzuufreeagent.com/touristatravel dodger

    If what you say is correct, it’s hard to imagine why the head of the EPA cannot be fired by Odumbo. It is an appointed position, after all. Maybe it’s blackmail and she has a copy of the REAL birth certificate!

  • Buckaroo 63

    What part of the Enumerated Powers of The Constitution allows for an EPA or a TSA or Homeland insecurity or for FEMA or Health care or for almost any department or agency? These agencies and departments are not allowed by our Constitution! They are not in the Constitution and therefore illegal! Congress and bureaucrats to not have the authority to create them or to add regulations to them as Kathleen Sebelius did to Obamacare recently.

  • 1953 Korean Vet

    When they deliver EPA members pay-checks, just say that Congress wants to cut back all
    un-necessary expenses-!! Burn this bundle of
    checks in front of them-! And just say–“Now,
    we Won’t Have to Raise Taxes–just like Pres.
    Obama Said–(This time he doesn’t Lie-!)

  • ValuesVoter

    If Congress doesn’t stand up to the EPA they can self-destruct, not merely stand there as a figurehead of our Republic. They are the representatives of WE THE PEOPLE for whom government works. WE THE PEOPLE have to hammer that reminder into their heads relentlessly.