Apparently the reality that America’s economic output declined by 1 percent in the first quarter, retail and home sales are plummeting, and a record-setting 1 in 8 (or 10 million) American men in their prime working years between ages 25–54 aren’t working or looking for work will be no impediment for a president determined to impose a radical environmentalist agenda on the nation. On Monday, the Obama administration announced the first-of-their-kind national limits on carbon emissions from the nation’s more than 600 coal-fired power plants. The proposed regulation, implemented by the Environmental Protection Agency (EPA), will demand a 30 percent cut in emissions by 2030.
At a Feb. 11, 2014 hearing of the Subcommittee on Oversight and Investigations related to the status of clean coal programs, Rep. Tim Murphy (R-PA) spelled out the real-world consequences of such a plan, explaining that Americans could expect an increase in electricity costs ranging from 40 percent at a coal gasification facility, to as much as 80 percent at a pulverized coal power plant, according to the Department of Energy’s own documentation. The reliably leftist New York Times illuminates the implications, noting that the regulations could lead to the closing of “hundreds” of such facilities.
Unsurprisingly, the effort completely bypasses Congress, undoubtedly because it would be as DOA as it was when the Democratically-controlled legislative branch failed to pass such cap-and-trade legislation in 2010. Thus our constitutionally-comtemptuous president has rendered members of Congress superfluous, even as the EPA becomes their de facto replacement.
The administration offers a degree of flexibility in achieving these goals. They include allowing states to reduce emissions by installing solar, wind or other energy-efficiency technology, and by creating or joining cap-and-trade programs at the state or regional level that allow such entities to cap emissions, and then buy and sell permits that allow plants to continue to emit greenhouse gases—as long as they pay a suitable fee for doing so. That fee that will inevitably be passed down to consumers. Yet in keeping with the administration’s imperialist impulses, if such state- or regionally-imposed rules do not satisfy the EPA’s guidelines the agency will act unilaterally to force such entities into compliance.
Those affected are planning to sue. “Clearly, it is designed to materially damage the ability of conventional energy sources to provide reliable and affordable power, which in turn can inflict serious damage on everything from household budgets to industrial jobs,” said Scott Segal, a lawyer with Bracewell & Giuliani, a firm representing coal companies in anticipated litigation. Oklahoma Attorney General Scott Pruitt also plans to challenge the regulations in court. “The Clean Air Act clearly sets out a role for EPA to suggest guidelines, while granting states authority to develop and implement specific proposals to achieve the goals of the Clean Air Act,” he told The Daily Caller News Foundation. “Should the EPA’s proposed regulation force states to adopt a ‘cap and trade’ scheme or any other specific proposal, it would violate the law and likely be challenged in court.”
Such challenges, as well as litigation anticipated by other industry groups and other states such as West Virginia, North Dakota, Alaska and Texas revolve around the EPA’s use of a little-used section of the Clean Air Act to create its new regulations. The implementation of section 111 (d) of the Act is necessitated by the reality that carbon dioxide isn’t regulated under major Clean Air Act programs that address air pollutants. The EPA claims it has used that section to previously regulate five sources of air pollutants, but none of those approach the magnitude of their attempt to regulate carbon dioxide.