EPA Budget Judgment Day Coming Up

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I’d ask EPA’s Lisa Jackson about the legality of “disappearing” the over $468,000 dollars in grants to Peter Gleick’s Pacific Institute from the EPA grants database, then putting them back, all without any public notice.  Since 2007, Gleick’s PI has received over 1 million in taxpayer’s money. In 2007 they got $647,000 dollars in two grants from the EPA, which also “disappeared” this week. When an FOIA request was made to the EPA, they mysteriously returned.

Showdown at the EPA corral

Source:  Junk Science

By Steve Milloy

March 2 should be a date that lives in infamy for the Obama Environmental Protection Agency.

That day will most likely be the last opportunity for congressional Republicans to apply meaningful pressure on EPA Administrator Lisa P. Jackson as she testifies before the Senate Environment and Public Works Committee on the agency’s 2013 budget.

Over the past three years, the Obama EPA has conducted a scorched earth campaign against fossil fuel producers and users, especially the coal-fired power industry, with multibillion-dollar rules that provide no meaningful environmental or public-health benefits, like the Cross-State Air Pollution Rule and the Mercury Air Toxics Standard (MATS).

The EPA will soon propose its greenhouse gas emission standards for power plants – rules that will attempt to make it financially impossible to construct new coal-fired power plants in the United States.

Read the rest of this entry »

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Chris B
February 25, 2012 7:10 am

Shell game?

Richard T. Fowler
February 25, 2012 7:27 am

‘The grants do not exist. The grants have never existed.’
‘These are not the grants you’re looking for.’

kakatoa
February 25, 2012 7:38 am

The Pacific Institute has been rather active in evaluating the effects of climate change in CA (with some funding from the CEC): “About 788 results” from
http://www.energy.ca.gov/serp.html?q=pacific+institute&cx=001779225245372747843%3Actr4z8fr3aa&cof=FORID%3A10&ie=UTF-8&submit.x=0&submit.y=0

G. Karst
February 25, 2012 7:43 am

When an government declares Carbon and Oxygen as a pollutant, then they have become anti-life. How is it possible the American people have been led down this absurd path? Where is the justification to taxing and regulation of air? What emergency is so great (other than fiscal)? What certain return, will the Americans receive from such draconian investment? What benefit? When will this be “explained” to the American public, other than just more propaganda, and climate alarmist double speak?
It is time for Americans to clean house before they are cleaned out. Instead we fund more liars and thieves like Gleick. The government must be held accountable and climate regulation postponed, at least until we have solid science and a working model. Does it sound like we have any of that… NOW?! GK

Bill H
February 25, 2012 7:43 am

the EPA needs to be the receiver of scorched earth policies that tear it to shreds..along with its liberal/socialist/Marxist control policies. these people are using climate policy to control the populace and forward an agenda… they are traitors to the USA. they need to be dealt with swiftly and severely. they are not scientists, they are politicians with an agenda.

Bill H
February 25, 2012 7:52 am

kakatoa says:
February 25, 2012 at 7:38 am
yes they have been active in Cali…. one need only look at the billions of dollars in debt they are and how it is bankrupt..and incapable of sustainment sucking off the teat of everyone else in the US. again smoothing that must be changed rapidly and with impunity…

Mike Bromley the Canucklehead
February 25, 2012 7:53 am

Just you watch the Gleickbarrassment presented the EPA will end up in the shell game as well: “oh, but he was merely trying to save the world”

Caleb
February 25, 2012 7:54 am

How does it go? Something like, “The price of Liberty is eternal vigilance.” Thank God we have these watch-dogs, keeping an eye on the EPA. Are not we also thankful that Al Gore invented the internet?
Now the question becomes, “If you get caught with your hand in the cookie jar, and put the cookies back, have you done anything wrong?”
I hope Lisa Jackson gets asked why the information vanished and then reappeared. It seems a most curious thing.

February 25, 2012 7:57 am

If the house proposes budget cuts for EPA for trying to regulate CO2 based on junk science (example: PI grant), the President will be placed between a rock and a hard spot. That is not a good place to be in an election year.

Glenn
February 25, 2012 8:13 am

Now that would be a question Markey should ask!

Dan in California
February 25, 2012 8:19 am

Write to your representative – today. The EPA did an excellent job cleaning up the environment. Now is the time to thank them for a job well done and cut their budget in half, because we don’t need ever more regulations. That way lies folly. We are far past the point of a tiny bit cleaner at the cost of economic suicide. Half their current budget should be more than enough to police the current regulations. Lisa Jackson actually believes her story of EPA regulations creating jobs. She thinks that paying people to break windows helps create jobs in the replacement window business. There’s just no understanding of “What is wealth?” Wealth is having stuff you are willing to pay for, not having a job mandated by the EPA.
There was an accident with a gasoline tanker truck near here a week ago. The truck overturned and leaked some gasoline down the road shoulder. It took more than a dozen people working through the night to contain the spill (a small fraction of the load). Now, there’s a dozen large Dumpsters of scooped-up dirt waiting to be carried to a hazardous waste dump. GET A GRIP!! IT’S A HUNDRED GALLONS OF GASOLINE IN THE DESERT. NOTHING GROWS THERE ANYWAY. IN 6 MONTHS THE BACTERIA WILL HAVE EATEN THE SPILL WITH NO GOVERNMENT INVOLVEMENT. Just like the beaches all up and down the Atlantic coast from U-boat action against coastal tankers during WWII. No human cleanup and no oil after a few years.

GregO
February 25, 2012 8:19 am

Steve,
Thanks for you fine work digging this information up.
Here is another blogger uncovering interesting information pre-Gleick meltdown:
http://noconsensus.wordpress.com/2012/01/08/where-do-we-draw-the-line/
Great work guys – time to compose that thoughtful letter to my congressman.

Mesa Econoguy
February 25, 2012 8:20 am

Sen. Inhofe needs to begin a formal inquiry into why this information disappeared, and additional FOIA requests made as to the source of the deletions, and subpoenas issued at EPA.
Then removal proceedings for Ms Jackson need to begin.
Then removal proceedings for Mr Chu need to begin.
Then removal proceedings for Mr Sotero need to begin.

TG McCoy (Douglas DC)
February 25, 2012 8:32 am

Here in NE Oregon EPA is trying to kill one of the cleanest Cement plants in the
World. Due to the Mercury emissions.(Two BB’s in a boxcar) the wan no BB’s)
Yet at the same time they allow exploding Chinese Mercury bombs in our
lighting fixtures…..

Man Bearpig
February 25, 2012 8:45 am

Perhaps a FOIA requesst for intenal memos about removal and reinstatement of the webpage(s).

pat
February 25, 2012 8:45 am

The EPA has been the home of bad science, bad scientists, and utopians for some 20 years. It seems to be a secure house for cranks and nut cases. The application process must be interesting. Do they give extra consideration for crazy rants, wild eyes and implausible beliefs?

Richard T. Fowler
February 25, 2012 8:45 am

‘Pay no attention to the grant behind the curtain.’

Editor
February 25, 2012 8:50 am

The same question applies to whomever decided to change the EPA web site and to Peter Geick – “Whatever were you thinking of?”
I’ll have to check to see if my congresscritter is involved with the EPA hearing and if so ask him to bring it up. It’s probably worth trying to contact Lisa Jackson directly and publically. While it will give her a chance to properly hide the shell with the pea, it should take away assertions that she doesn’t micro-manage things like web pages and isn’t aware of that action.

Gary
February 25, 2012 9:33 am

To get all the grant records from EPA to PI, go here:
http://www.usaspending.gov/advanced-search
In Recipient DUNS Number, enter: 860029271
In the Agency pulldown menu, scroll down and select EPA.

February 25, 2012 9:54 am

Gary,
Thanks for that link. Here are the results I got [summary view].
Tax dollars have been shoveled into the Pacific Institute for years – almost $650,000 to date.
And I’ll bet that Gleick is still getting his full salary and benefits from PI, even though he is ostensibly not working for them any more. Just like Phil Jones, who had his title temporarily suspended while he stayed in the same office and collected the same pay. Once the Jones whitewash was complete, his title was restored.
These dishonest people are cheating the public, and the EPA is misappropriating taxpayer funds, a crime. But with criminals running things, it appears that nothing will be done about it.

kadaka (KD Knoebel)
February 25, 2012 9:55 am

I’d ask EPA’s Lisa Jackson about the legality of “disappearing” the over $468,000 dollars in grants to Peter Gleick’s Pacific Institute from the EPA grants database, then putting them back, all without any public notice.
This is the modern practice of government, which differs from the theory of how government should operate.
First an action is deemed expedient and in their best interests so it is done.
Then it is pointed out the action is illegal.
Then comes the does it matter questions as to if it will be noticed, what are the damages if it is revealed, and if the action must be (reversed, stopped, not done again).
Then after it is discovered, it is determined what is the minimum illegality that can be admitted to, hopefully in the range of arguably an “honest mistake” to blamable on an underling many levels below those who actually made the decision.
Note that in cases of feelings of extreme self-importance, arising from feeling “the cause” is the most important thing of all and they are an integral part of it, step two might not happen until after discovery, but even if it did it’d be considered to not matter due to “service to the greater good.”
I’m sure Peter Gleick, as well as the current US federal administration, is familiar with this model of operation.

Charles.U.Farley
February 25, 2012 10:12 am

Environmental Perversion Agency.

February 25, 2012 10:29 am

If you go back in time go thru the climate gate emails, you will find Peter Gleick involved with Jones and Mann in the cover ups. As time goes on the the scope of the this government organized conspiracy to push climate propaganda is incredible. It is time to flush NASA, NOAA, EPA, and the DOE and all of those they funnel money to and start over.

APACHEWHOKNOWS
February 25, 2012 10:49 am

Cut and paste a copy of the commucations from Lt. John F. Kerrys swiftboat patrol on the Hap River, when his boat and 4 others where on patrol. One of them hit an underwater mine.
Kerry sped his craft up went up strean some 1500 meters and back. In his request for a purple heart tht day he reported hostile fire from both sides of the river up and back. Reported heavy fire.
The one and only communication from the five boats at the time…
“We need a tow boat”
These people lie, they lie about the lies, and they are enabled by the msm to do so by the lies of the msm. They are a clear and present danger to freedom and all truth.

Ed Scott
February 25, 2012 10:51 am

Fred H. Haynie says:
February 25, 2012 at 7:57 am
“If the house proposes budget cuts for EPA for trying to regulate CO2 based on junk science (example: PI grant), the President will be placed between a rock and a hard spot. That is not a good place to be in an election year.”
——————————————
Fred, the EPA basis for regulating the “pollutant,” Carbon Dioxide, is the decision of the eminent Climatologists of the Supreme Court of the United States in the case Massachusetts vs.. EPA (2007).
It is noted that the SCOTUS did not consider that life on Earth is Carbon based and the Carbon Dioxide/Oxygen cycle is mandatory (a favorite word for the current administration) for life on Earth to exist.
The only atmospheric trace gas capable of providing a greenhouse effect, is water vapor in the form of clouds which affect terrestrial heat loss, locally, by moderating upward convection. Is there another atmospheric trace gas that inhibits convection heat loss?
If greenhouse gases are a pollution problem, there should be legislation requiring catalytic converters on all greenhouses.

Reply to  Ed Scott
February 25, 2012 1:40 pm

Ed,
I did research at EPA for over twenty years and one reason I retired early (over 20 years ago) was
the growing amount of political control over scientific research and research reports. The Supreme Court did not tell EPA that CO2 was a pollutant. It told them to determine if it was a pollutant as defined by the Clean Air Act and regulate accordingly. Their finding was based on the bad science of the IPCC and and some “sponsored research” like the PI grants. If they had followed the guidelines of the Clean Air Act and done good objective research, they could not have found CO2 to be a pollutant, much less devise a plan to control it. Alan Carlin told them as much and continues to do so. I’ve put my two cents in as well.( http://www.kidswincom.net/climate.pdf. )The real problem is that subjective research is being promoted and controlled by several layers of political appointees in agencies that are supposed to be doing objective research.

Ed Scott
February 25, 2012 11:37 am

February 25, 2012
Obama Skins the Cat
By S. Fred Singer
http://www.americanthinker.com/printpage/?url=http://www.americanthinker.com/articles/../2012/02/obama_skins_the_cat.html
Much of White House policy is driven by pathological fear of global warming and the unreasonable compulsion to reduce emissions of carbon dioxide, a non-toxic natural constituent of the atmosphere and an absolute necessity for the survival of plants, animals, and humans. Never mind that there’s no significant evidence that any recent warming has been caused by CO2 increases — or indeed, that any such warming would endanger human health and welfare. In addition, it should be quite obvious that any attempt by the U.S. to reduce its emissions unilaterally is an exercise in futility and self-delusion: it would have little measurable impact on the ongoing rise of global atmospheric CO2 and would certainly not affect climate in any way.
But evidently, ideology trumps science, economics, and logic. Even common-sense considerations have not stopped President Obama from listening to his science adviser, Dr. John Holdren, one of the chief apostles of the global warming religion. Holdren is a former collaborator and associate of Stanford Prof. Paul Ehrlich, whose seminal book The Population Bomb, published some 40 years ago, preaches population control to achieve zero growth.
In this Malthusian spirit, we will shortly be “celebrating” the 40th anniversary of the publication of Limits to Growth, a book sponsored by the so-called Club of Rome, which — like Ehrlich’s — predicted all kinds of imminent disasters for the world’s population: famines, resource depletion, dying oceans, etc. In spite of complete failure to use sound science and economics, there are still many “believers” happily ensconced in the present administration. It is interesting to note that Limits to Growth did not concern itself in any way with global warming; climate disasters came along only since 1992, courtesy of the infamous Rio de Janeiro Earth Summit, which also produced U.N. Agenda 21.

Richard T. Fowler
February 25, 2012 11:50 am

Gleick-o’-lys-is: n. The process by which a government uses a corrupt science-grant system to sweeten the pot in a high-stakes game of chicken with its political opponents.
According to a certain online encyclopedia, Gleickolysis is a definite sequence of reactions involving ten (or possibly as many as 15) intermediate compounds (one of the steps involves two intermediates). The intermediates provide entry points to Gleickolysis.
Please note it is possible that I have a few spelling errors in this comment. It has been known to happen.
RTF

Mac the Knife
February 25, 2012 12:03 pm

March 2…. not a lot of time to build pressure but it could be effective, if we work together!
Here’s the url to find contact information for your US Representative.
http://www.house.gov/representatives/find/
What should the key points of the communications (both phone and email) be?
1) Peter Gleick’s fraud, and the EPA’s attempt to hide their distribution of taxpayer dollars to him?
2) That EPA regulation of the unproven hypothesis that CO2 emissions have a significant effect on climate represents waste, fraud and abuse? Cease and desist?
3) That Hg emissions from coal fired power plants represent a lesser threat to human health than direct Hg contamination of our homes from broken CFL bulbs, now endemic across America?
4) That you expect personal and diligent action from your representative to cut funding to the EPA for any regulations, regulatory functions and personnel that would be used to support this continued waste, fraud, and abuse?
Remember, these communications need to be relatively brief, polite, and address one topic that is supported with a few ( 2 – 4) items. Any detailed data, analysis, or argumentation deemed important should only be referenced via a url link. Keep the communications ‘short, polite, and direct’.
In speaking with my Representatives at both State and Federal level, they tell me that multiple communications from a wide variety of constituents addressing a common topic in their own words have the greatest influence and impact.
I urge the WUWT community to take individual action on this before March 2. Call and email your representative to express you concerns and expectations directly. Ask like minded friends, family, and neighbors to do the same and provide them with a copy of your email and the representative’s contact information . As a diffuse but sizable cross section of America, we can magnify our individual contributions significantly …….if we work together.
MtK

kadaka (KD Knoebel)
February 25, 2012 12:08 pm

Don’t forget Gleick and his Pacific Institute didn’t just get funding from the US EPA. Here’s a 2009 example:
http://www.pacinst.org/reports/sea_level_rise/report.pdf

THE IMPACTS OF SEA-LEVEL RISE ON THE CALIFORNIA COAST
A Paper From:
California Climate Change Center
Prepared By:
Matthew Heberger, Heather Cooley, Pablo Herrera, Peter H. Gleick, and Eli Moore of the Pacific Institute

With whoppers like this from the Abstract:
We estimate that a 1.4 meter sea‐level rise will accelerate erosion, resulting in a loss of 41 square miles (over 26,000 acres) of California’s coast by 2100.
It says here: “California’s general coastline is 840 miles long.”
41mi^2 / 840 mi * 5280ft/mi = 258 feet. By 2100 the California coastline will have moved inland about 258 feet on average? Call the press, a whole lot of celebrities have to move out of their houses soon. Plus there should be a moratorium on building all beachfront homes.
Look at the financing of this opus:

This paper was prepared as the result of work funded by the California Energy Commission, the California Environmental Protection Agency, Metropolitan Transportation Commission, California Department of Transportation, and the California Ocean Protection Council (collectively “the funding agencies”).

How much did Gleick and associates trouser for this repackaged hokum? And where do you find the information on all the funding sent to them from these fine institutions? Better hurry up and find it too, before it gets “disappeared” for good.
BTW, how much of the funding of these fine California Institutions originated with the US federal government? Did the US EPA give them any of the money that got shipped to Gleick and associates, perhaps earmarked for a report on the impacts of sea level rise on the California coast?

Richard T. Fowler
February 25, 2012 12:43 pm

Mac writes, “…. not a lot of time to build pressure but it could be effective, if we work together!
[. . .]
“Call and email your representative to express you concerns and expectations directly. Ask like minded friends, family, and neighbors to do the same [. . . .]”
Would this be a good time for to point out that there is absolutely nothing constitutional about the grant system that is under discussion? It is completely, utterly illegal under U.S. law. Constitution of the U.S., Article I, Section 8.
Presumably there are people who believe that these environmental research grants are authorized by the commerce clause, which simply authorizes the U.S. government to “regulate commerce among the several States”.
Such a belief is as nonsensical as Gleick’s belief in his own moral superiority. This moment may constitute a crucial opportunity to inform U.S. legislators of that fact.
RTF

February 25, 2012 2:11 pm

“The real problem is that subjective research is being promoted and controlled by several layers of political appointees in agencies that are supposed to be doing objective research.”
Exactly. And this is being done all over the world on many fronts. That is to say cAGW is not the only topic politicized but it is the most important (to me anyway) at this point in time.

Richard T. Fowler
February 25, 2012 3:07 pm

Correction to my quote:
“regulate commerce among the several States” shoud be “regulate Commerce with foreign Nations, and among the several States”.
Clarification of my argument:
The Tenth Amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Article I, Section 8 also confers the power to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”.
A law, to be consistent with this clause, must be both necessary and proper for the stated purpose — not just one or the other.
So for scientific research to be permitted to the U.S. government for the purpose of formulating commerce regulations, the research must be necessary “for carrying into Execution” the power of regulating international or interstate commerce.
So the relevant question is quite a simple one: Is scientific research necessary for carrying into execution that power?
If “yes”, then U.S. government funding of the research is constitutional. If “no” … if the act of regulating the commerce, in some way, in any way … not necessarily in a way that one would think proper … is possible without first doing any scientific research, then U.S. government funding of the research is unconstitutional and the U.S. government may not fund it.
The answer to the question is clearly “no”. The regulation activity is possible without recourse to scientific research, and even more so without recourse to research that the U.S. has funded.
For those who still can’t see why, please note the language says ‘necessary and proper’, not ‘necessary ‘or proper’. This fact implies that there is a difference between the two qualities, such that a proposed federal law can be one but not the other for the purpose of evaluating Section 8. Therefore, if a bill would enable regulations of the said commerce that are considered more proper than those that are enabled without the bill, that fact alone cannot satisfy the requirement of necessity, i.e. the requirement that the bill be necessary for carrying into execution the power to regulate the said commerce. In other words, regulation activity under Section 8 does not necessarily have to be “proper” in order to meet the requirement of “necessity”. If “properness” were a subset of “necessity”, then there would be no need to include the words “and proper”. Therefore, the fact that they are included must be construed to mean that their inclusion was intended to change the meaning of the section from what it would mean without them.
If the people believe that such a limitation is against the public interest due to being too restrictive, then fine — but they’ve got to amend the Constitution to make it so. They don’t have the right or power to just go out and get a court to agree with them, and then run with that. I’m sorry if the following upsets people, but … courts simply do not have that power to just “declare” that something is constitutional just because it is in the public interest. That is the philosophy of communism, and it is what has gotten us into this mess of environmental tyrrany that we are in now. No exceptions can be accepted, because to accept any opens the door to having all the rest shoved onto us at gunpoint, without any due process of law.
RTF

Richard T. Fowler
February 25, 2012 3:33 pm

I’m sorry, “subset” in the above should be “superset”.
RTF

rbateman
February 25, 2012 5:03 pm

Never mind what these people say, keep your eye on what they do.

Olen
February 25, 2012 5:29 pm

We will know what the Republican Party is made of by the way they stop the EPA from their attack on carbon, to the EPA the number is evidently C666.
The Republicans might look into the psychiatric condition affecting legal circumstances in how to deal with the EPA on carbon.
Many thanks to Sen Inhofe.

Justthinkin
February 25, 2012 5:33 pm

“If greenhouse gases are a pollution problem, there should be legislation requiring catalytic converters on all greenhouses.”
Ahhhh. Geez Mary and Joseph,Ed. Please do not be giving these commisars any ideas!!! The price of freshveggies is bad enough all ready.

David A. Evans
February 25, 2012 5:58 pm

This may be apocryphal so don’t take it too seriously.
Apparently, after Manchester united built their new “Old Trafford” stadium, they discovered that the grass was going brown. Turned out that the grass was “eating” all the CO2 in the stadium & they had to make vents in the walls to allow better circulation.
DaveE.

John Kettlewell
February 26, 2012 12:22 am

It’s up to the States to fight back. If it doesn’t pass Congress, it’s not a Law; therefore not illegal to disregard. Congress is worse than worthless. Businesses may also disregard anything not passed thru Congress. The States are the only line of defense left…after that, the only option left is offense.
Apocalyptic, yes. When restraint is no longer a virtue, the burden becomes much to bear. Viva La Constitution!!

February 26, 2012 6:14 am

As long as there is no shortage of lawyers, given our strict liability laws, tort can do all the EPA is supposed to do, and then there will be no threat of the adverse actions they so often take. Eliminate the EPA.

kadaka (KD Knoebel)
February 26, 2012 6:30 am

From John Kettlewell on February 26, 2012 at 12:22 am:

It’s up to the States to fight back. If it doesn’t pass Congress, it’s not a Law; therefore not illegal to disregard. (…)

This is just nonsense. Congress passes laws that authorize the creating of regulations, thus the authority of the regulations starts with Congress. An exception is Executive Orders from the President, which may be nullified by Congressional action, when Congress fails to act then they have de facto authorized the E.O. by their inaction.
Although regulations made up by judges to “comply with the spirit and purpose of” the Constitution and/or existing laws is a dark grey area that should not be tolerated.

(…) Congress is worse than worthless. (…)

Okay, now that part is far from being nonsense. 🙂

juanslayton
February 26, 2012 6:50 pm

kadaka (KD Knoebel) says:
Congress passes laws that authorize the creating of regulations, thus the authority of the regulations starts with Congress.
Beg to differ. There is nothing in the constitution that even suggests that legislative power may be passed along to some other body. The fact that federal courts from Marshall on have approved such arrangements is not disputed. What is disputed is that the original writers foresaw or would have approved such a possibility. What is indisputable is that the result has been a ‘bureaucracy’ in the strict sense of the word: rule by untouchable administrators in the executive branch who are untouchable by the people.
Article I
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

kadaka (KD Knoebel)
February 26, 2012 8:08 pm

@ juanslayton re February 26, 2012 at 6:50 pm:
Thus comes the dance between legislative and executive. Legislative says there will be a tax. Executive makes up the forms, rules, and the underlying bureaucratic structure to collect the tax. Legislative says This shall be done, it’s left to executive to figure out how to do it.
So if legislative passes a law that says something shall be regulated, and executive issues the regulations it determines are needed to accomplish the regulating, everything is fine and constitutionally legal. One branch makes the laws, another executes them. If it is felt that the executive branch is improperly executing, there are two major checks and balances against it. There is legal action through the judicial branch, and/or the legislative branch can pass a law more closely specifying how the executing shall be done.
The legislative branch is not passing their power to some other body. It’s just not micro-managing what the executive branch does to carry out the will of the legislature.

juanslayton
February 26, 2012 9:26 pm

kadaka (KD Knoebel) says:
Heh, heh… We could have what Jack Benny’s Rochester used to call a ‘real roundtable discussion’ on this subject. I have no trouble with your examples as they apply to an administration’s internal activities. The taxing agency creates the forms and sets the procedures by which the public complies with the law. No problem. The problem comes when the agency sets rules for the public that are unrelated to its interaction with the agency itself.
Example: The EPA decides what chemicals will be considered harmful, what industries that use those chemicals will be regulated, what the regulations (extensive and expensive) will be, and what penalties for non-compliance will apply. The EPA creates rules that have the force of law, thus usurping the legislative branch, then hands down penalties, further usurping the judicial.
I’m not suggesting for a minute that Congress is competent to come up with the standards that the EPA is tasked to create. What I am suggesting is that any rule making that applies with the force of law to the public should go back to Congress for approval or disapproval. That would be ‘consistent with’ (hate that phrase) the constitution. It would have the added benefit that an ideologically motivated finding on CO2 could be corrected by another body that, while openly political, is at least accountable to the citizenry.
We agree in our assessment of Congress.
: >)

Richard T. Fowler
February 27, 2012 2:32 am

Gentlemen, you are both expending enormous verbiage on a very simple question, without directly addressing the question. That question is: what is a law?
I was deliberately vague on that question in my post that started this, because I didn’t want to get into it. I thought that it was much more important for readers to see, in as brief a presentation as possible, why the research in question was unconstitutional.
Respectly, your debate over the definition of a law, while interesting and somewhat relevant, is likely to cause those who have less familiarity with the Constitution to stop thinking about what I wanted them to think about.
To those who agree with Juan, I suggest that it is extremely unlikely that you will get any member of Congress (besides, possibly, the one member that we are all probably familiar with) to agree that written, non-statutory “regulations”, as that term is defined by Congress, are unconstitutional.
May I humbly suggest that the important point to be drawn at this juncture is that I have presented an airtight argument that the scientific research is unconstitutional, even if it were done directly by Congress itself. And thus far, no one has even bothered to try to refute it, let alone succeeded. The argument has legs. When it has come up before in courts, I believe that their only recourse has been to ignore the argument and resort to ex-cathedra declarations. When such happens, that should tell you that you have hit pay dirt. But you’re going to need Congress on board if you want justice. And Congress is not going to listen if the message is that regulations are unconstitutional. Pick your fights. Pick your fights, my friends.
RTF

March 19, 2012 9:11 pm

Hmmmm, with all the projected lives saved, and ticnohrbis sufferers diminished, it makes me wonder how they came to those conclusions. Pretty much just like they projected all those jobs saved. It was all smoke and mirrors and I believe this is more of the same type of hoax. They can’t really tell the truth about it because the plan is to destroy jobs and energy or tax it to death same thing.