American Elephants


A Strong Rebuke to the President of the United States by The Elephant's Child

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On Tuesday the Supreme Court issued a stay that blocked the federal government from implementing a series of far-reaching environmental regulations that essentially crippled the entire coal industry. The rules were issued by the Environmental Protection Agency as part of President Obama’s attempt to force America’s energy sector to reduce their carbon emissions to conform to the administration’s demands.

Once again acting on his “presidential authority,” the president was making laws that would close hundreds of coal-fired power plants, because the president believes that CO2 is a pollutant (it is not) and that CO2 is the cause of global warming (it is not). Mr. Obama was trying to set an example for other countries to do the same, to comply with the unenforceable agreement that came out of the Paris Climate Talks—COP21.

Because of a 5-4 majority on the court, nothing will be done to implement those changes until an appeals court can formally rule on a challenge brought by 27 states, and corporate and industry groups against the EPA. What the Supreme Court has done is to restore some sense of accountability to an agency that has attempted to become a legislative body without any authority to do so.

The appellate courts will now have to give the 27 states the opportunity to make their case. The Supreme Court is not just saving the jobs of coal miners and the economy in several states, but calls attention to the rule of law at a time when the president of the United States has come to believe that he doesn’t have to bother with the consent of Congress. He just rewrites the law and dares the critics to stop him.

That stay will remain in effect through the end of Mr. Obama’s presidency, until the Supreme Court has a chance to hear the case—in 2017 at the earliest. The stay sends the strongest possible signal that the court is prepared to strike down the Clean Power Plan on the merits, assuming the next president doesn’t revoke it.

Not since the court blocked President Harry Truman’s seizure of the steel industry has it so severely rebuked a president’s abuse of power. …

In a ruling two years ago the court held that the EPA couldn’t conjure up authority to make “decisions of vast economic and political significance” absent a clear statement from Congress. Thus, the EPA may have the authority to require power plants to operate more efficiently and to install reasonable emissions-reduction technologies. But nothing authorizes the agency to pick winners (solar, wind) and losers (coal) and order generation to be shifted from one to the other, disrupting billion-dollar industries in the process.

The EPA has been rebuked by the courts repeatedly. In January the House joined the Senate in trying to stop another of Obama’s “power grabs” — the EPA’s attempt to seize control of virtually all waterways across the country. The federal government has used the EPA as its proxy and the Clean Water Act to enact its ideas about controlling privately owned land through the regulation of waterways. This year they extended, without congressional input, their authority through the 1972  Clean Water Act.

The Obama administration excused this attempted appropriation as nothing more than an effort to save the nation’s streams, headwaters, creeks and wetlands from “pollution and degradation.” In reality, the EPA simply wanted to expand its command over such near-waterless features as dry creeks, potholes and puddles . Under this regime, private individuals or businesses would need government permission to do anything on their property that is even remotely related to water — such as digging a drainage ditch — giving Washington sweeping powers over private lands.

A federal judge told the EPA last August that they had gone too far, but they just shrugged and said they would enforce the rule in the 37 states that were not part of the lawsuit. “Administrative Law” is one of those innocuous phrases in which the Left excels, like the substitution of  “extremist” for “terrorist.” But you must pay attention to the real meaning — which is the substitution of agency regulation and presidential orders or directions or memos  for the lawful actions of Congress. As Jonathan Turley, professor of Law at George Washington University said:

“What the president is doing is not one of the dangers
the Framers were concerned about; it is the danger
the Framers were concerned about.”


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