Because the Obama administration couldn't get Cap And Trade passed through a resistant Congress, it has turned to another legislative branch of the federal government (though we thought there was only supposed to be one), which is known as the Environmental Protection Agency (EPA). The EPA is a curious federal entity. It can make it's own rules, and those rules don't have to be approved by the constitutionally authorized legislative branch. That makes the EPA sort of an Americanized version of the old Soviet Politburo. The consent of the governed is not required.
Here's the latest unilateral action taken by the EPA:
The Obama administration proposed on Tuesday the first rules to cut carbon dioxide emissions from new U.S. power plants, a move hotly contested by Republicans and industry in an election year.
The Environmental Protection Agency's proposal would effectively stop the building of most new coal-fired plants in an industry that is moving rapidly to more natural gas. But the rules will not regulate existing power plants, the source of one third of U.S. emissions, and will not apply to any plants that start construction over the next 12 months.
"We're putting in place a standard that relies on the use of clean, American made technology to tackle a challenge that we can't leave to our kids and grandkids," EPA Administrator Lisa Jackson told reporters in a teleconference.
As Obama said, he has an "all of the above" energy strategy...except for the energy sources he doesn't like, of course. Those aren't included in the word "all".
Needless to say, miners aren't very happy:
The National Mining Association said the rules can only hurt industry. "This proposal is the latest convoy in EPA's regulatory train wreck that is rolling across America, crushing jobs and arresting our economic recovery at every stop".
Well sure, you whiny miners are going to complain about losing your crummy little jobs, but you are expendable when we're talking about Obama's glorious future. As stated previously, that future is in natural gas.
It's a good thing we don't have any problems with natural gas drilling....except for an EPA report that says it causes groundwater pollution. Natural gas drilling has also been tied to a dozen earthquakes in Ohio.
Start the countdown on how long it will take for the EPA to issue rules against natural gas drilling. Environmental groups are all for such rules.
There are a couple ways to stop the domineering EPA regulatory Czars. The first way is by filing lawsuits against the EPA. One successful suit against the EPA was won in the last week:
The United States Supreme Court unanimously has ruled that "compliance orders" of the Environmental Protection Agency can be reviewed by the courts.
Some are praising the Wednesday opinion as limiting the power of a rogue government entity.
The court rejected the Obama administration's contention that judicial review is prohibited. It also reversed, once again, a Ninth Circuit Court of Appeals ruling affirming that the EPA's order cannot be challenged.
The Ninth Circuit is the most reversed Appeals court in the country and is considered the most liberal.
Sackett v. EPA involved limiting the government's powers to enforce the Clean Water Act. The 9-0 ruling said citizens sue the EPA to challenge an order to stop an activity that it says violates the CWA. People have a right, within the scope of the Administrative Procedure Act to sue immediately at the time they choose and not have to wait until the EPA sues them.
Take note of the part I highlighted above. Both the Obama administration and the most liberal circuit court in the nation were AGAINST judicial review of EPA rulings. This means Obama and other liberals not only want the EPA placed beyond the reach of the Legislative branch, they want it beyond the reach of the Judicial branch as well. And people wonder why I use the word "tyrannical" to describe this administration. It's because this administration IS tyrannical. It's subversion of our long-established system of constitutional government is often shocking, and this leads me to the second way to stop the unilateral, non-elected, and non-representative EPA - Don't Re-elect Obama.