Pushing back the Deep State? US Supreme Court may be able to stop politicians fobbing off big decisions to the EPA

The Deep State gets around congress and voters but we all know it isn’t supposed to be that way

The voters may not like the decisions, but they can’t vote out the bureaucrats. Think of the EPA, the FDA, and of course, the central bankers. Think of the Clean Air Act!

Some of these agencies effectively make the guidelines that we-the-people have to live by, then they enforce them, and adjudicate them too. They become defacto Kingmakers in their own fiefdoms. They are the fourth branch of government, also known as The Deep State.

But what feels wrong, may indeed be wrong, and it’s possible the Obama era Clean Power Plan could be repealed if it is deemed to breach the NonDelegation Doctrine, and there is renewed interest in this now that Brett Kavanaugh is in the Supreme Court. (No wonder some tried so hard to get him out).

The nondelegation doctrine is centuries old, and implicit in not just the US but all written constitutions that impose a separation of power. Here’s the wikipedia entry:

The origins of the nondelegation doctrine, as interpreted in U.S., can be traced back to, at least, 1690, when John […]

EPA Part 2: How many degrees Celsius of warming will these new WA Guidelines abate?

Time for the cost-benefit question. In a sane world, the business case for carbon mitigation is like a naked singularity. No matter how many times the question is asked, no numerical answer ever emerges.

Yet whole economies are circling around this very question. — Jo

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Question 2: How many degrees Celsius of warming will these new requirements abate, and how will this outcome be measured?

What are the benefits to the Western Australian environment from the EPA recommendations, especially given that almost no nation is trying to reduce emissions and installing as much renewable energy as rapidly as Australia already is.[1]

The WA population is 2.6 million or about 0.03% of the total population of Earth. Given that the largest economies in the world, such as China, India, Brazil, Japan and Indonesia are not going to achieve significant emissions reductions, the imposition on the people of WA poses a large burden on the industry and economy of the state which may be entirely pointless. Only 16 countries are even aiming to meet their Paris targets.[2] One of those 16 is Indonesia, but only five months ago Indonesia threatened to withdraw from Paris Agreement.[3] The United States of America […]

Submission due for the West Australian EPA on Monday

The West Australian EPA is calling for submissions by Monday Sept 2.

Given the timeframe, this is a draft post — just to flag this and start a discussion. Suggestions welcome. More coming Monday.

In March the WA EPA astonished the state by suddenly declaring that all new projects would need to “demonstrate how they would offset all emissions from their developments.” After an outcry these were withdrawn, but the EPA still wants them and are calling for submissions.

The requirements were so drastic they would affect the whole country just because of the size and the revenue lost from the WA projects. Not to mention that if the WA EPA gets away with this scientifically empty power grab, other EPA’s will follow…

Tens of billions of dollars in new resource projects will be at risk after Western Australia’s Environmental Protection Authority announced tough new measures around carbon dioxide emissions.

The new regulations will affect planned projects such as Woodside Petroleum’s $US11 billion ($15.6bn) Scarborough gas project and its $US20.5bn Browse development, as well as existing projects such as the $US34bn Wheatstone LNG plant and the $US54bn Gorgon LNG plant. — Paul Garvey, The Australian.

[…]

First they came for the coal industry, now for oil and gas: West Australian EPA decides state must meet “Paris” alone

Who’d want to invest here? Image Catmoz

Suddenly, with five minutes warning, Western Australia may be going it alone to meet Paris on behalf of Australia. Not because an elected government decided that, but because of five people chosen by a state Minister. Who is in charge here? The West Australian EPA is a QUAGO (quasi-autonomous-and-governmental organisation) — paid by the government, but magically “independent” of it. They are annointed saints charged with protecting “the environment” but as far as I can tell, that does not include the dominant fauna nor the entire plant kingdom.

Billion-dollar WA projects at risk from new EPA emission rules

Paul Garvey, The Australian

Tens of billions of dollars in new resource projects will be at risk after Western Australia’s Environmental Protection Authority announced tough new measures around carbon dioxide emissions.

WA has only 10% of Australia’s population but generates more than a third of the national exports. Or it did. Watch this space…

The new regulations will affect planned projects such as Woodside Petroleum’s $US11 billion ($15.6bn) Scarborough gas project and its $US20.5bn Browse development, as well as existing projects such as the $US34bn Wheatstone LNG […]

Pruitt launches science bomb: insists EPA only use data that is public. No more secret science.

In a bombshell, Scott Pruitt is expecting scientists to act scientifically.

In the US the EPA has been making rules that cost billions based on studies from groups that refused to publish their data. Regulations like The Clean Power Plan were estimated to cost $8.4 billion and magically return $14 – $34 billion in “health and climate benefits”. Scott Pruitt plans to pop that bubble.

Michael Bastach, Daily Caller:

Environmental Protection Agency (EPA) Administrator Scott Pruitt will soon end his agency’s use of “secret science” to craft regulations.

“We need to make sure their data and methodology are published as part of the record,” Pruitt said in an exclusive interview with The Daily Caller News Foundation. “Otherwise, it’s not transparent. It’s not objectively measured, and that’s important.”

“If we use a third party to engage in scientific review or inquiry, and that’s the basis of rulemaking, you and every American citizen across the country deserve to know what’s the data, what’s the methodology that was used to reach that conclusion that was the underpinning of what — rules that were adopted by this agency,” Pruitt explained.

My only minor, tiny, complaint is that there […]

Trump takes away EPA “right” to control every puddle in USA: WOTUS executive order

Smile. One more noxious, power-grabbing bit of legislation: fixed.

Farmers and land-owners lost control of the puddles and ditches on their land under the guise of environmental protection.

Remarks by President Trump at Signing of Waters of the United States (WOTUS) Executive Order

The EPA’s so-called “Waters of the United States” rule is one of the worst examples of federal regulation, and it has truly run amok, and is one of the rules most strongly opposed by farmers, ranchers and agricultural workers all across our land. It’s prohibiting them from being allowed to do what they’re supposed to be doing. It’s been a disaster.

The Clean Water Act says that the EPA can regulate “navigable waters” — meaning waters that truly affect interstate commerce. But a few years ago, the EPA decided that “navigable waters” can mean nearly every puddle or every ditch on a farmer’s land, or anyplace else that they decide — right? It was a massive power grab. The EPA’s regulators were putting people out of jobs by the hundreds of thousands, and regulations and permits started treating our wonderful small farmers and small businesses as if they were a major industrial polluter. […]

There are signs the wheel is turning.

In the US there are significant moves at the highest levels to limit the carbon related power-grab. (Thanks to SPPI for the heads-up.)

Perhaps this is the point where the 2010 election results start to spoil the grandiose plans that once looked inevitable? Maybe democracy can save the day?

House republicans are trying to stop funding for the EPA “climate control” at the same time as they try to limit the EPA’s ability to regulate greenhouse gases.

House GOP spending bill prohibits funding for EPA climate regs

Source: The Hill

By Andrew Restuccia – 02/11/11 07:33 PM ET A government spending bill unveiled Friday night by House Republicans would prohibit funding for Environmental Protection Agency climate regulations through September of this year.

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Noticeboard: EPA law suit interview today, Watts Up Tour starts tomorrow!

The Case Against the EPA, 10am CDST USA 9.3 out of 10 based on 3 ratings […]