We enter the age of "…or else"

washingtonpost.com

Excerpts from: EPA left to pick up climate change where Congress dropped the debate By David A. Fahrenthold and Juliet Eilperin

The Obama administration told Congress to find a way to regulate greenhouse gases — or else.

Last month, Congress refused: Democratic leaders in the Senate declined to take up climate legislation before their August break, which means it looks effectively dead for this session.

Now the White House is stuck with “or else.”

The Environmental Protection Agency will soon begin regulating greenhouse gases factory by factory, power plant by power plant. That could be unwieldy, expensive and unpopular — even President Obama has said it’s not his preferred solution.

But for now, it’s his only option.

The next few months could bring a climax to the long-running debate over how to combat climate change, with the EPA trying to implement its rules and industry groups and opponents in Congress seeking to block it with lawsuits or legislation.

The administration will cite a mandate from the Supreme Court, which ruled in 2007 that greenhouse gases could be regulated like other air pollutants. But opponents will say it has chosen an approach that stretches the law and could impose serious economic costs.

The result of their fight could be the first limits on greenhouse gases from American smokestacks — or a significant defeat for the White House and environmental groups.

The administration “wanted to be able to hold out the threat of clean-air regulation [by the EPA], as a way to . . . try to get people to the table,” said Jeffrey R. Holmstead, an EPA official under the Bush administration, who now works for the law firm Bracewell & Giuliani. “They’re now faced with the kind of unenviable task of trying to make it work.”

=======================

Read complete WaP article: EPA left to pick up climate change where Congress dropped the debate

0 0 votes
Article Rating

Discover more from Watts Up With That?

Subscribe to get the latest posts sent to your email.

154 Comments
Inline Feedbacks
View all comments
R T Barker
August 4, 2010 12:25 pm

Science will be a spectator in this sport.

August 4, 2010 12:26 pm

The Environmental Protection Agency will soon begin regulating greenhouse gases factory by factory, power plant by power plant. That could be unwieldy, expensive and unpopular — even President Obama has said it’s not his preferred solution.
But for now, it’s his only option.

No it’s not his only option. Option 2 is to listen to the majority voters that stood against Cap and Tax and not try and implement regulations by Executive Fiat based on flawed science.

peterhodges
August 4, 2010 12:30 pm

The Environmental Protection Agency will soon begin regulating greenhouse gases factory by factory, power plant by power plant. That could be unwieldy, expensive and unpopular…
you forgot illegal

Sean Peake
August 4, 2010 12:32 pm

A Constitutional challenge will put an end to the EPA. SCOTUS left that door open by ruling the CO2 could be ruled as an air pollutant but said nothing whether or not the EPA has the constitutional power to control it—that, I believe, rests with the states.

Michael
August 4, 2010 12:35 pm

The progressive democrat agenda is finished in November. Hallelujah!

kwik
August 4, 2010 12:37 pm

In that case, may I suggest that Congress reads this paper;
http://hockeyschtick.blogspot.com/2010/08/paper-cosmoclimatology-is-real.html
Every time one shuts down a plant, its all for nothing………

FrankK
August 4, 2010 12:40 pm

As an outsider its a pity when I read the posts that the debate about climate change in America is about Democrats versus Republicans. Just reinforces that the ‘science” has become very political. I’m sure there are many Demos who don’t believe in AGW as there are Repubs who don’t !!
Just my observations from down under. Cheers.

James Sexton
August 4, 2010 12:40 pm

PW Townsend says:
August 4, 2010 at 11:38 am
“As soon as the EPA institutes regulations it all goes to the courts. Get ready to rumble.”
Except the courts have already stated the EPA could treat GHG’s as pollutants.
http://www.supremecourt.gov/opinions/06pdf/05-1120.pdf
So we’re stuck until either congress or the president changes. But likely, it’ll have to be both to force a change at the EPA.

Theo Goodwin
August 4, 2010 12:41 pm

Yesterday, Missouri voted 70% against the individual mandate in Obamacare. If the EPA “forges ahead” and voters are given the opportunity then they will vote at least 70% against EPA regulation of CO2. Their first opportunity might be the November election. At this moment, Obama is probably getting an earful from just about every Democrat congressperson. If Obama tells Lisa to “forge ahead” then we have to worry whether he is bent on destruction of his presidency and the Democrat Party.

August 4, 2010 12:42 pm

wws says at 12:02 pm [ … ]
Thanks for posting that excellent response to the EPA from Texas.

Jack the Farmer
August 4, 2010 12:49 pm

Did you see the article, yesterday, where the EPA is going to try and regulate ‘dust’ on farms?….they should come to my farm…..I have something for them

August 4, 2010 12:52 pm

This presidency and Congress can only be described as follows:
!! IT’S AMATEUR HOUR !!
They are not seriously going to force electricity rates to skyrocket and expect to gain popularity, are they? How politically imbicilic can one get?
They’re going to end up hurting a lot of poor folks.

Gail Combs
August 4, 2010 12:54 pm

Douglas DC says:
August 4, 2010 at 11:39 am
I will bet there isn’t a Democrat Congresscritter that isn’t sweating this and hoping nothing is done until after the election.
Meanwhile the EPA War on the Kulaks er,American Farmers continues….
_________________________________
‘”The Socialist Revolution in the US cannot take place because there are too many small independent farmers there. Those people are the stability factor. We here in Russia must hurry while our government is stupid enough to not encourage and support the independent farmership.” V. Lenin, the founder of the Russian revolution
And the US government has been waging war on the independent American farmer ever since.

Mac the Knife
August 4, 2010 1:00 pm

The important information to take from this event is that pressure from private citizens has the incumbent politicians running for cover, as we enter the 2010 federal election cycle. The important actions to take now are directing our personal support (time, effort, and money) to 2010 candidates opposed to the AGW agendas… and making sure the politicians still supporting AGW know that your support is directed to their opponents.
In Washington State, the overt and pointed objections by a majority of citizens has even the like of Patty Murray, Maria Cantwell, and Dave Reichert (Senators and Representative, WA, respectively) reconsidering their obsession with AGW.
Patty “Cakes” Murray has seen her private citizen financial support dwindle to nearly nothing. She must rely now on big special interest groups (SEIU, ACORN, Soros shell PACs, etc) to fend off her challengers. That just makes her an even bigger target. Of the three noted above, she is the least penitent. It’s too early to tell if she is seriously threatened, but the initial polling seems to indicate so.
Maria Cant-Think-To-Well (Senator #2, WA) is not up for election until 2012 but she also has muted her vocal support of Cap and Tax. She has been clearly ‘put on notice’ that her constituents are not going to support her in 2012, if her AGW and socialist agenda crap continues.
Dave Reichert (Rep., WA, 8th Congressional District) is starting to waffle and dissemble about his support for Cap and Tax legislation. A serious challenger may help him clarify his perspectives and get him adhering to fact based science rather than his own poorly supported beliefs.
We have a scant 3 months left to ‘flip the House’ and assert some small measure of control on the Obama progressive socialism juggernaut. While venting on a blog may provide small relief, real change and improvement can only be had by kicking the incumbent AGW supporters out of office. That takes commitment in personal time, money and effort.
With just 3 months to go, Please…. Please do more than just talk.

August 4, 2010 1:00 pm

Not sure what’s coming out of D.C. next?
http://www.countrymanufacturing.com/manurespreader1200c.gif
And lots of it!

LarryD
August 4, 2010 1:01 pm

Jack, should I ask “in what gauge?” 🙂

Curiousgeorge
August 4, 2010 1:01 pm

Texas: 34 Electoral votes. EPA: zero.

Zeke the Sneak
August 4, 2010 1:02 pm

James Sexton says:
August 4, 2010 at 12:40 pm
PW Townsend says:
August 4, 2010 at 11:38 am
“As soon as the EPA institutes regulations it all goes to the courts. Get ready to rumble.”
Except the courts have already stated the EPA could treat GHG’s as pollutants.

Not happy with mere legislating from the bench, the courts have now taken up kingmaking. Nothing is ever enough.

Fred
August 4, 2010 1:07 pm

Simplified English translation of the Texas Memo.
Dear EPA & Washington,
Blow Me!
Love & Kisses . . . . Texas

Henry chance
August 4, 2010 1:08 pm

The EPA is hyperventilating on dust. If they rule against dust on dirt roads, we are stuck with paving all of them with asphalt or closing them. Bush was a get along with people even when they leaned to the irrational. This extremist craziness may be the tipping point. If either the House or the Senate changes majority, Browner will be in hearings explaining under oath all the science under CO2. It is impossible for her or any one to prove the greenhouse effect. They may try. Leaving out moisture and clouds will cause the EPA pain.
It only takes one judge to tell us the “agency” is acting in an unconstitutional way and restricting commerce.
If these eco wackos want to regulate the planet, why not make forrest fires illegal. With enough taxes they can regulate against even lightning.

Gail Combs
August 4, 2010 1:09 pm

Jim G says:
August 4, 2010 at 12:02 pm
Rockyroad;
Don’t blame me, I voted for the American. (I saw it on a bumper sticker.)
___________________________________________________________________
I love it! I too voted for an American and not one of the two Manchurian Candidates we were supposed to vote for.

PhilJourdan
August 4, 2010 1:18 pm

I was aware of the EPA threat and figured we had to live with it for several years (until we could send the Community Organizer back to his community). However, in my short-sightedness, I forgot about an option on the table – Thank you WWS!
If (and that is asking a lot) the republicans have the cojones, they can cut the funding! I think a majority of Americans would love to see that happen – especially since the deficits have trippled in 12 months under this regime! It sure would not hurt to cut some spending instead of just snipping at the rate of growth.

CodeTech
August 4, 2010 1:18 pm

I always wondered what those people with a pathological hatred of Dubya would do once he was gone, and I can assure you it has been entertaining to watch. “Their” guy, an utterly incapable man with no experience running anything, has made blunder after blunder but continues to get a pass.
FrankK, it’s not likely that as many dems see through AGW, since they are far more likely to trust the media, the EPA, the education system, GreenPeace, WWF, etc. all of whom are singing from the same choirbook.
I was a kid in the Carter era, and I can assure you I’m looking forward to the day zero uses the word “ennui” in a speech… (a little inside joke there)

ZZZ
August 4, 2010 1:19 pm

I know this is supposed to be more about CAGW than politics, but the only reason the EPA has this power is because ever since regulatory agencies were “invented”, and accepted as constitutional by the political establishment, that same establishment has been desperately trying to pretend that new “regulations” are somehow different from new “laws”. A new law of course requires passage by the House and Senate, then signing by the President (and no subsequent overturning as unconstitutional by the Supreme Court). A regulation however is based on Congress’ supposed power to “delegate” its powers to regulatory agencies, which then can — all on their own — propose new regulations, hold hearings on their suitability, and finally, if they want to, enforce them. The President can presumably forbid new regulations as head of the executive branch, and Congress can threaten to withhold funds — but both of these procedures are obviously just a sort of veto power. Congress and the President are elected, of course, so if the voters want to overturn a regulation they have to elect sympathetic Congressmen and a sympathetic President, and then maybe the regulation will go away (possibly to come back later, when a more different Congress and President are in power). Looking at this general pattern of rule making from a historical perspective, what we have here are laws — excuse me, “regulations” — proposed and imposed by a civil-service oligarchy. Citizens may vote for representatives who can then try to overturn these laws, so it’s perhaps fair to say that citizens still have the right to veto them, using a cumbersome and complicated representative apparatus (i.e. Congress and the Presidency). The overall pattern is all too much like that of the later Middle Ages (before European parliaments had acquired supreme power) where the King and his Court could propose new edicts which would immediately go into effect, and if their subjects didn’t like it they could elect sympathetic parliamentary representatives to try somehow to subvert the King’s edicts. For both “regulations” now and the King’s edicts back then, it is much easier to put them into operation (without significant input from the voters) than it is for the voters to cancel them once they are in place. This is a serious loss of the power by the voters, and it came about by pretending that regulations are different from laws. Take away that pretense, and every new regulation proposed by any government agency would end up being treated exactly like other new laws — it would have to be explicitly passed by Congress and signed by the President before going into effect.

stephen richards
August 4, 2010 1:19 pm

Don’t count your chickens ’til the eggs are hatched. The Obama administration got in because it out-spent the Republicans better than 2:1. He has already built up a sizeable sum for the Nov elections. Soros, Gore et al are keen to retain the current House. Be careful !!