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:
And the question posed is:
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:
Read the entire submission (PDF) here: Amicus_curiae-EF_SC_Merit_12-1146etseq.tsacScientistsFinal_Final
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They won’t be allowed to win that.
I wish them luck but I have no faith in the Supreme court as it is now staffed.
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
d)
That is good news, the EPA is a burden to society they need tighter regulations placed on them than even a BP refinery.
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.
SCOTUS accepts for hearing only about 5% of the requests for Writ of Certiorari.
Don’t get your hopes up.
When the SCOTUS is PC we are all in DS.
“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.
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.
Didn’t the Supreme Court already rule back in 2007 that Carbon Dioxide was a pollutant that could be regulated by the EPA?
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.
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.
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
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 😉
For the previous Supreme Court ruling see Massachussets v EPA; 549 U.S. 497
“snowballs chance etc.”
Negative defeatists many of you. There are people out there fighting your battles. What are you guys doing, except whining?
“wow, what a horribly written document.
The fake scientist offers a post of his own to use as an example.
How is it that oxygen has not been ruled to be a pollutant?
Look at what damage it can do.
Negative defeatists many of you. There are people out there fighting your battles. What are you guys doing, except whining?
+++++++++++++++++++
Well said.
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.
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.
Steven Mosher is clearly not familiar with the “absurd results” justification that the EPA used to “tailor” the CAA to GHG.
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.
Pause?
@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.
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.