Breaking – Court refuses to block EPA climate rules

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Green Hell Blog writes: The Court of Appeals for the District of Columbia Circuit refused late Friday to stop the EPA’s greenhouse gas rules from going into effect on January 2, 2011. The litigation over the rules will continue, but the court will allow them to go into effect pending the outcome of the litigation.

From WaPo

A U.S. appellate court Friday turned down a request from utilities, oil refiners and the state of Texas to delay the regulation of greenhouse gas emissions by the Environmental Protection Agency.

As a result, the EPA and state agencies can begin to insist that companies use the “best available control technologies” to restrict emissions of carbon dioxide to obtain air permits.

The companies and Texas had sought a court order blocking the EPA from moving ahead until the end of a lawsuit challenging the agency’s finding that greenhouse gas emissions from U.S. power plants and large industrial facilities endanger the health of Americans.

The companies contend in that lawsuit that the EPA regulations would be too costly.

But the U.S. Court of Appeals for the District of Columbia said that the companies “have not shown that the harms they allege are ‘certain,’ rather than speculative.”

h/t to Green Hell Blog

full story at the WashingtonPost

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JinOH
January 31, 2011 3:19 pm

“Under my plan of a cap-and-trade system, electricity rates would necessarily skyrocket,” Obama told the Chronicle . “Coal-powered plants, you know, natural gas, you name it, whatever the plants were, whatever the industry was, they would have to retrofit their operations. That will cost money. They will pass that money on to consumers.”
This may not be cap & tax – but it’s the ultimate goal.

shindig
January 31, 2011 3:28 pm

erm – what part of “breaking” is a Dec 11 story?

wayne
January 31, 2011 3:28 pm

U.S. Appeals Court,
I for one think Ira’s division of the components of the 0.8ºC reported rise is very close (± 0.1ºC for each component). That’s very close to my conclusions though it might be more 0.4ºC bias and 0.3ºC natural cycles.
If I were to comment deeper it would be on a more planetary level of cause, effects, and relationships. The equations being used to describe our atmosphere are not holding when applied to other atmospheres. The radiation equations are either wrong or assumptions are being made that don’t hold universally to all atmospheres. That’s what I take away after a year of study in this “climate scientology”.
That same comment applies better here. ☺

Honest ABE
January 31, 2011 3:30 pm

Hopefully they finish destroying the economy before America is dumb enough to re-elect Obama – then we can elect someone slightly more rational and begin rebuilding.
Honestly, what did you expect? This is a DC judge.

January 31, 2011 3:30 pm

And the catastrophic effects of global warming are ‘certain,’ rather than speculative?

rbateman
January 31, 2011 3:37 pm

Any charge/fee/cost added onto the refining process or generating process at any stage adds to the cost of living, and does so with great rapidity. Energy companies are forced to either absorb the cost, pass on the cost or a combination of the two.
Consumers will cut spending and the economy will suffer a savage blow. Everything these days takes energy. Everything.
How nice of the Jackson EPA to fire a broadside at the limping economy.
With friends like that, who needs enemies?

Luther Wu
January 31, 2011 3:39 pm

-But the U.S. Court of Appeals for the District of Columbia said that the companies “have not shown that the harms they allege are ‘certain,’ rather than speculative.”-
Then, could one could suppose that the Court found that the EPA had proved that the harms from CO2 were certain, rather than speculative?
No?
What a joke.

DJ
January 31, 2011 3:41 pm

This is the equivalent of a reverse stay of execution order.
We’ll hang the defendant pending the outcome of the appeal.

rbateman
January 31, 2011 3:41 pm

JinOH says:
January 31, 2011 at 3:19 pm
So where is this ‘cost’ supposed to be funded out of?
Ah, the consumers pocketbook and the economic lifeblood of a crippled America.
Look out: double-dip in the Great Recession.

ew-3
January 31, 2011 3:44 pm

Can’t wait for the hearings in the house to begin !
Put the EPA under lock down financially.

ew-3
January 31, 2011 3:47 pm

Just noticed the the original elWaPo article has comments turned off…. Wonder why?

jst
January 31, 2011 3:53 pm

Health care falls today.
EPA tomorrow.

wws
January 31, 2011 4:08 pm

exactly, jst. It’s now up to the House to defund the EPA.
or abolish it, if necessary.

mike g
January 31, 2011 4:09 pm

Once again, the DemocRAT party, or a judge owned by that party, issues a middle finger salute to the American people.

January 31, 2011 4:10 pm

Regardless of what side of the science debate this judge may be on, it seems totally impossible to not see the “harms they allege.” In the meantime, Canadians will gladly sell you some extra electricity if regulations stall new power projects in the US.

January 31, 2011 4:28 pm

As a result, the EPA and state agencies can begin to insist that companies use the “best available control technologies” to restrict emissions of carbon dioxide
============================================================
The best available control technology is the off switch.

Dave Springer
January 31, 2011 4:35 pm

Texas Governor Rick Perry vowed to defy the EPA edict. Time to see if he’s going to honor his promise to Texas or not. In the meantime the new US House of Representatives and Senator Inhofe needs to get Lisa Jackson on a short leash because right now she’s way off the reservation.

JAE
January 31, 2011 4:37 pm

Too bad the judge ruled that way. He could have prevented so much wheel-spinning on the part of industry and regulators, since the stupid rule will almost certainly be thrown out by the Supreme Court, eventually. The “Tailoring Rule” is clearly not sanctioned by the Clean Air Act, so EPA is adding to the Act–something only Congress has the power to do. It’s amazing what dumb, illogical things the libs will do and say!
My all-time favorite is Nancy’s statement on the Obamacare: “We have to pass this bill, so we know what’s in it.” Gawd.

George E. Smith
January 31, 2011 4:38 pm

Well you lose some and you win some.
A Federal Judge in Florida ruled today that the entire Obamacare Bill of 2500 or so pages is UNCONSTITUTIONAL.
Doesn’t matter a jot that two other judges already ruled it was Constitutional. NOT trumps IS. The judge ruled on the fact that the Commerce clause gives power to regulate commerce that actually happens; but gives no authority to regulate the absence of commerce; meaning; can’t require anybody; let alone everybody to purchase a product form a thirfd party when they don’t want it.
And the judge found that that mandatory purchase was so pervasive into every asdpect of th3e 2500 page bill, that it was impossible (for him) to separate that aspect from everything else and scrap certain features. so he said the whole thing is kaput. He also denied ruling on Injunctive relief for the 26 States that have sued to set aside their participation. Judge said you don’t rule for injunctive relief from a law that is totally unconstitutional. So those States will likely go to Congress to demand compliance with the court finding; and go back to that judge for a contempt ruling, if Obamananstration fails to comply.
Failure to comply with such a court order is an impeachable offence.

JAE
January 31, 2011 4:41 pm

“Texas Governor Rick Perry vowed to defy the EPA edict. Time to see if he’s going to honor his promise to Texas or not.”
Yeah, it will be fun to watch, if Texas ignores EPA and grants an operating permit without going through the BACT process for CO2 emissions. Civil war?

Joe Crawford
January 31, 2011 4:41 pm

A major “harm” the administrations seems to either be ignorant of or not give a damned about is the affects the increased prices of electricity, natural gas and heating oil have on the poor and retired poor. Here in West Virginia we already have many families that cannot afford heat in the wintertime. And, we loose a noticeable number of them each winter, especially winters like this year and last. At least the healthy can still heat with fire wood, although we then loose several homes to fire each winter cased by wood stoves and fireplaces.

Fred
January 31, 2011 4:49 pm

Well this should really, really really help boost employment, reduce the national deficit and enhance the recovery of the still fragile US economy.
Yes, excellent decision making by the Obama administration.

hotrod ( Larry L )
January 31, 2011 4:52 pm

ew-3 says:
January 31, 2011 at 3:44 pm
Can’t wait for the hearings in the house to begin !
Put the EPA under lock down financially.

I agree zeroing out the EPA budget should be the first order of business in the efforts to cut the federal budget. It should be easy to show they are “non-essential workers” and provide no beneficial service to the people, and are in fact parasites that suck the life out of our economy. Move pollution control down to the local level where they are accountable to the public, and mandate that every regulation they have imposed have a sun set provision that it automatically expires in 5 years unless re-authorized by a vote of congress.
Larry

January 31, 2011 4:54 pm

Somebody in the House GOP had better have the one pager instructing EPA it has no jurisdiction over GHG ready to vote on. Then let Dingy Harry and Veto Barry deal with their opposition.
http://libertyatstake.blogspot.com/
“Because the Only Good Progressive is a Failed Progressive”

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