The EPA is challenged in the Supreme Court over greenhouse gas regulations

It has not been a good week for the EPA. After wide media coverage yesterday put sunlight on the massive fraud of one of their top climate officials, now today, there is a challenge filed in SCOTUS.

I have been given the amici curiae brief. The cover reads:

amicus_epa

And the question posed is:

amicus_epa2

Since the document is password protected, I’m unable to do anything beyond post screencaps and the document itself. The brief was created by several well known climate sceptics, plus a former chairman of the EPA Clean Air Scientific Advisory board.

The arguments are:

amicus_epa4 amicus_epa3

 

Read the entire submission (PDF) here: Amicus_curiae-EF_SC_Merit_12-1146etseq.tsacScientistsFinal_Final

 

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Bloke down the pub
December 17, 2013 9:49 am

They won’t be allowed to win that.

GoneWithTheWind
December 17, 2013 9:49 am

I wish them luck but I have no faith in the Supreme court as it is now staffed.

PRD
December 17, 2013 9:54 am

The Affordable Health Care Act decision has already shown that the SCOTUS can be:
a) bullied
b) bribed
c) threatened
d) blackmailed
e) all of the above

Reply to  PRD
December 17, 2013 4:17 pm

d)

LT
December 17, 2013 9:55 am

That is good news, the EPA is a burden to society they need tighter regulations placed on them than even a BP refinery.

AleaJactaEst
December 17, 2013 10:02 am

pi**ing in the wind, snowball in Hell’s, US winning the World Cup, not a prayer, the Arctic will be ice free in our lifetime. You get the message about how much chance this has of succeeding.

NeedleFactory
December 17, 2013 10:03 am

SCOTUS accepts for hearing only about 5% of the requests for Writ of Certiorari.
Don’t get your hopes up.

Monroe
December 17, 2013 10:03 am

When the SCOTUS is PC we are all in DS.

AnonyMoose
December 17, 2013 10:05 am

“I’m unable to do anything beyond post screencaps and the document itself.”
That depends on your PDF viewer. I’m able to copy text from it when using a different PDF viewer.

But the problem is far broader: the entirety of the regulatory regime for stationary source prevention of significant deterioration (PSD) permits is literally nonsensical as applied to these gases, and CO2 in particular.

Box of Rocks
December 17, 2013 10:06 am

We need to show how massive the intellectual fraud that teh EPA has committed.
The real trial of Al Gores’s crimes against humannity is the one trial that will never happen though.

John S.
December 17, 2013 10:15 am

Didn’t the Supreme Court already rule back in 2007 that Carbon Dioxide was a pollutant that could be regulated by the EPA?

December 17, 2013 10:19 am

wow, what a horribly written document.
clue never say your opponents argument makes no sense. Chances are you are misunderstanding or misrepresenting and failing to take your opponents argument seriously is a tactic that fails more often than it succeeds.

JA
December 17, 2013 10:21 am

The SCOTUS will decide this on LEGAL grounds, not on its scientific grounds. Congress, in its stupidity and negligence, gave the EPA the legal authority to determine what is environmentally sound or not , and what is considered “scientific” proof.
If the EPA determines for political or ideological reasons that certain regulations must be enacted, even if based on FRAUDALENT “science,” the EPA can always present a scientific rationale to prove their point. In this case, the criminal fraud of AGW will be trotted out as justification.
After all, climate science is much like economic “science;” controlled experiments are impossible and the data can be explained to conform to your political ideology and an explanation after-the-facts is ALWAYS found.
The SCOTUS must answer the central question, ” does the EPA have the LEGAL authority to impose their decision?” The science is really not going to be central to the decision.

David L. Hagen
December 17, 2013 10:22 am

See ScotusBlog.com for further documents on the Utility Air Regulatory Group v Environmental Protection Agency
SC Docket No. 12-1146, Op Below: D. C. Cir.; Argument: Feb 24, 2014, Questions Presented

LIMITED TO THE FOLLOWING QUESTION: Whether EPA permissibly determined
that its regulation of greenhouse gas emissions from new motor vehicles triggered
permitting requirements under the Clean Air Act for stationary sources that emit
greenhouse gases.

December 17, 2013 10:27 am

Steven Mosher said:
December 17, 2013 at 10:19 am
clue never say your opponents argument makes no sense. Chances are you are misunderstanding or misrepresenting and failing to take your opponents argument seriously is a tactic that fails more often than it succeeds.
——————–
And he should know 😉

David L. Hagen
December 17, 2013 10:29 am

For the previous Supreme Court ruling see Massachussets v EPA; 549 U.S. 497

pokerguy
December 17, 2013 10:35 am

“snowballs chance etc.”
Negative defeatists many of you. There are people out there fighting your battles. What are you guys doing, except whining?

thisisnotgoodtogo
December 17, 2013 10:38 am

“wow, what a horribly written document.
The fake scientist offers a post of his own to use as an example.

thisisnotgoodtogo
December 17, 2013 10:47 am

How is it that oxygen has not been ruled to be a pollutant?
Look at what damage it can do.

Richard D
December 17, 2013 10:50 am

Negative defeatists many of you. There are people out there fighting your battles. What are you guys doing, except whining?
+++++++++++++++++++
Well said.

Stephen Rasey
December 17, 2013 10:57 am

John S. at 10:15 am
Didn’t the Supreme Court already rule back in 2007 that Carbon Dioxide was a pollutant that could be regulated by the EPA?
Not exactly. SCOTUS ruled that the EPA could use the Clean Air Act (CAA) to regulate CO2 if the EPA Administrator found that CO2 could be classified as a pollutant under the CAA. That is one reason for Obama’s “Carbon Pollution” terminology invention this year. CO2 must be a “pollutant” for the CAA to apply.

On December 7, 2009, the Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:
•Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases — carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) — in the atmosphere threaten the public health and welfare of current and future generations.
•Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.
These findings do not themselves impose any requirements on industry or other entities. However, this action was a prerequisite for implementing greenhouse gas emissions standards for vehicles. In collaboration with the National Highway Traffic Safety Administration, EPA finalized emission standards for light-duty vehicles (2012-2016 model years) in May of 2010 and heavy-duty vehicles (2014-2018 model years) in August of 2011.

http://www.epa.gov/climatechange/endangerment/
Signed by the Administrator Dec. 7, 2009 ( a date that will live in Infamy)
Final rule published in the Federal Register, Dec. 15, 2009
Rule Effective Jan. 14, 2010.
I think the one of the most vulnerable aspects of the EPA rule is that the Clean Air Act specifies that emissions above 100 and 250 Tons per year for pollutants be regulated. This level, specified by Congress in the law, is an absurdly low figure in regards to CO2. So the EPA is “tailoring” the rule, i.e. rewriting the CAA requirements, to allow them to regulate the big stuff, and gradually tighten the noose.
Thanks to Justice Roberts, what words are used and not used in laws, is increasingly becoming irrelevant these days.

Existing Clean Air Act statutory thresholds for criteria pollutants are 100 and 250 tons per year (TPY). If GHG emissions were subject to those thresholds, then, according to EPA estimates, 82,000 PSD permits would be required each year and 6 million facilities would require Title V operating permits. Many commercial establishments, apartment buildings, hospitals and schools could find themselves subject to EPA regulation under current thresholds. Thus, on the basis of administrative necessity, EPA is “tailoring” its requirements to reach the largest GHG emitters first.
Under Step 1 of the “tailoring” rule (January 2-June 30, 2011), sources already subject to PSD requirements would be required to implement GHG BACT requirements if a modification results in an emissions increase of 75,000 tpy or more of GHGs. Under Step 2 (July 1, 2011 to June 30, 2013), PSD permitting requirements will cover new construction projects that emit GHG emissions of at least 100,000 tpy even if they do not exceed the permitting thresholds for any other pollutant. Modifications of existing facilities that increase GHG emissions by at least 75,000 tpy will be subject to permitting requirements even if they do not significantly increase emissions of any other pollutant…….
…..
The tailoring rule also commits EPA to conduct another rulemaking that will determine whether certain smaller sources can be permanently excluded from permitting. EPA will not require permits for smaller sources until at least April 30, 2016.
Current Status
On June 26th, 2012, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld EPA’s authority to set emissions limits for GHGs. The Court affirmed EPA’s Endangerment Finding, Mobile Source rules and upheld the Tailoring Rule on the grounds that plaintiffs lacked standing. While this litigation was pending, EPA initiated a number of steps necessary to regulate GHGs.
(Source: http://businessroundtable.org/studies-and-reports/regulation-of-greenhouse-gas-emissions-under-the-clean-air-act/)

DGP
December 17, 2013 10:57 am

Steven Mosher is clearly not familiar with the “absurd results” justification that the EPA used to “tailor” the CAA to GHG.

December 17, 2013 11:01 am

Given the Obamacare decision by this court, I could see them rule that Congress has given the EPA the right to make regulations regardless of any science involved.

December 17, 2013 11:11 am

Pause?

Stephen Rasey
December 17, 2013 11:14 am

@JA at 10:21 am
Congress, in its stupidity and negligence, gave the EPA the legal authority to determine what is environmentally sound or not , and what is considered “scientific” proof.
Right you are. Correcting that mistake is worth a government shutdown at the next debt limit. Part of the Dept Limit extension should have a law requiring all EPA rules to be passed by both houses of Congress. The EPA can write all the rules they want, but none should any effect of law until the People’s elected representatives, their lawmakers, approve. Without this rebalance of power between the Executive and Legislative branches, we no longer have a Republic in the USA.

Theo Goodwin
December 17, 2013 11:15 am

Stephen Rasey says:
December 17, 2013 at 10:57 am
I think Stephen got everything right. In brief, the question is whether the EPA has the authority to do all this “tailoring” and “fixing” to their rules. In my fallible judgement, the EPA’s tailoring and fixing amount to rewriting existing rules that are specified in statutes. In other words, the EPA is legislating. The long term solution is to pass legislation that restricts the EPA’s power. In the short run, maybe SCOTUS will hear this case. Given the administration’s recent rewriting of much of the healthcare act, maybe five justices will decide that it is time to send a message about the integrity of statutes and separation of powers.

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