FWIW, it's not really an agency power grab if its authorized by Congress.
Congress did not really ever authorize it, the EPA just announced that is what they were going to do, and Congress was unable to get it together enough to block this action. I don't see that as the same as congressional authorization.
Fair point.
Actually I seem to recall the supreme court told them to. Am I remembering that wrong?
Actually I seem to recall the supreme court told them to. Am I remembering that wrong?
The SC case was about whether a statute required the EPA to set some guidelines for CO2. The EPA said it didn't have the authority to do so, MA said it did. The SC said that under the guidelines that were in place, CO2 fell within the category of things for which the EPA had to set guidelines.
I believe this was an attempt by Congress to amend the underlying statute or regulation to eliminate that requirement, on the theory that Congress had never intended this in the first place.
Yeah, that's about what I remembered. My point being that the EPA wasn't really in charge of the decision to regulate CO2 emissions. They themselves said "Hey we can't do this." Not really sure I'd describe this as a "power-grab" by the EPA. More like a "well I guess we're the ones who are supposed to do this."
Just because they "can" doesn't mean they should. And this is most certainly a case of "Don't".
the Murkowski Amendment, which would have blocked the EPA from declaring CO2 to be a regulated substance (in violation of their own charter), has failed. The EPA is now free to impose de-facto cap-and-trade without forcing Democratic Party leadership into another brutal fight which would have made them even less popular.
now, this is objectively going to destroy jobs; but whatever helps Nancy Pelosi, Harry Reid, and Barack Obama in the short term is far more important than whether or not those bible-and-gun-clingers are actually having jobs or just collecting endless government benefits.
as Daniel Foster put it: i never want to hear a left-winger complain about Executive Power ever again.
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