Trump Eyes Action to Limit States’ Powers to Block Pipelines

From Bloomberg

Key passages.

The Trump administration is considering taking steps to limit the ability of states to block interstate gas pipelines and other energy projects, according to three people familiar with the deliberations

The new initiative dovetails with expectations that President Donald Trump would use his State of the Union address to tout efforts to accelerate permitting and construction of oil and gas pipelines, though he’s postponed the speech and the exact timing of any announcement remains unclear.

The potential White House action was earlier reported by Politico.
Pipeline advocates who say states are abusing their authority under the Clean Water Act have advanced ideas for reining it in.

The issue, pipeline advocates say, is especially pronounced in the Northeast, where there isn’t enough capacity to send gas to New York City and other metropolitan areas in times of heavy demand. Energy Secretary Rick Perry has invoked the idea of using national security grounds to justify action on the issue.

“If a polar vortex comes into the Northeast part of the country, or a cyberattack, and people literally have to start making decisions on how to keep their family warm or keep the lights on, at that time, the leadership of that state will have a real reckoning. I wouldn’t want to be the governor of that state facing that situation,” Perry said last summer at the World Gas Conference in Washington. “We have to have a conversation as a country. Is that a national security issue that outweighs the political concerns in Albany, N.Y.?”

Read the full story here.

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129 thoughts on “Trump Eyes Action to Limit States’ Powers to Block Pipelines

  1. The Progressives are willing to let people die for “their” righteous causes.
    To them it’s a small price to pay.

    • As many so-called progressives believe that the population needs reducing, it’s not just a “small price to pay”, it’s a bonus as far as they’re concerned. As long as they’re not part of the population being reduced they’re perfectly fine with people dying for “the cause”.

    • I suspect that most of them don’t think things that far through. I have long thought that a factor common to many ‘progressives’ and ‘liberals’ is that they see only one part of life at a time and don’t connect with wider aspects to enable them to appreciate the full scope of the problem. ‘Pipe lines bad’, for all kinds of often specious reasons, will lead to lots of happy-making protests and obstructions with never a thought for the wider consequences. Most of them would be horrified by the accusation that by their obstruction they are killing people.

      • Emotions are not related to analysis, and for some like AOC, they advocate substituting emotions for thoughtful study. When Pelosi says walls don’t work, this is never, ever based on a security study that said that. Pelosi and AOC are twins at not thinking though social issues. They just appeal to donors. The concept of a reaction and consequences of policy are not part of their thinking process. Part of it is due to having an exceptionally short attention span insufficient to grasp what the issues are.

      • I like to call them first order thinkers.

        For example, the minimum wage. Obviously, those working get more money. That’s the first order affect. The problem is, how do people adapt to this first order affect. Those are the second and third order affects.

        Intelligent people think about those things before they act. Liberals are constantly caught off guard by how people react to their great plans for us.

      • Donald “When Pelosi says walls don’t work, this is never, ever based on a security study that said that. Pelosi and AOC are twins at not thinking though social issues.”
        You could also write “When Trump says walls work, this is never, ever based on a security study that said that. Trump and whoever are twins at not thinking though social issues.”

        • And then you can produce a study on the effectiveness of the Berlin wall in preventing entry into West Berlin.

          • Philo, you must have taken the time to closely read Gerry’s post, because that’s exactly what he said. West Berlin was part of “the west”, after all.

          • Gerry, It was so effective that president Donald now wants to Copycat a communist way of doing things in the past… It came down for a reason and that reason is stronger than the ones that made people build it, at least in a XXI century perspective of democracy maturation.

          • You just aren’t too sharp, are ya? The Berlin wall was to keep people IN, not out. Ya know, the prison of Communism/Socialism? Walls work, America has spent billions of our dollars building walls on other countries borders and we are now going to build more walls along OUR border. Best part? It makes leftards cry. I have submitted a proposal to have Trump’s Wall stenciled on all US border facilities, just to make Nannee and Chuckee and Accusatory Occasional-Cortex cry. It will be gloriously funny!

        • JN (Just Nuts?)
          We also need a study on whether dams work to hold back water or whether windshields work on cars?

          When you make a fact-free counterintuitive claim, it’s incumbent on you to prove the claim, not on us to prove you are wrong.

          • JN

            Rich Davis, you are suggesting that Mexicans are just as water or wind. They just smash against the wall and be there, period. How dumb can one go… Mexicans are thinking beings as far as I know. You can doubt on that but they really are, trust me.

        • A wall is not a “social issue” it is a security issue, and walls work. Especially when you have men with guns patrolling them.

          • Wipe your tears, sweety, your welfare card and foodstamps are on the way. Donald Trump is compassionate and will not let you parasites starve.

    • Addition to my post below:

      6. Build natural gas pipelines into the US Northeast and complete the Keystone XL pipeline – both ASAP – for national security and safety.

      Best, Allan

      https://wattsupwiththat.com/2018/07/17/oddly-quiet-sun-3-weeks-without-sunspots/#comment-2407423
      [excerpt]

      I predicted that natural global cooling would commence by 2020 to 2030, in an article published 1Sept2002 in the Calgary Herald. I am now leaning closer to 2020 for cooling to start, possibly even earlier. I hope to be wrong. Humanity and the environment suffer during cooling periods.

      I suggest that it is long past time for society to prepare for the possibility of moderate global cooling.

      This would involve:
      1. Strengthening of electrical grid systems, currently destabilized by costly, intermittent green energy schemes;
      2. Reduce energy costs by all practical means.
      3. Development of contingency plans for food production and storage, should early frosts impact harvests;
      4. Develop contingency plans should vital services be disrupted by cold weather events – such as the failure of grid power systems, blocking of transportation corridors, etc.
      5. Improve home insulation and home construction standards.

      The current mania over (fictitious) catastrophic global warming has actually brewed the “perfect storm” – energy systems have been foolishly compromised and energy costs have been needlessly increased, to fight imaginary warming in a (probably) cooling world.

      I suggest this is the prudent path for Western societies to follow. It has no downside, even if global cooling does not occur, and considerable upside if moderate cooling does commence.

      Best, Allan

      Post Script:

      My co-authors and I also published in 2002:

      “Climate science does not support the theory of catastrophic human-made global warming – the alleged warming crisis does not exist.”

      “The ultimate agenda of pro-Kyoto advocates is to eliminate fossil fuels, but this would result in a catastrophic shortfall in global energy supply – the wasteful, inefficient energy solutions proposed by Kyoto advocates simply cannot replace fossil fuels.”

      • ALAN, we have potato crops covered in snow in Manitoba, Alberta and P.E.I. Cavendish Farms in P.E.I. is importing potatos for their frozen product line. My opinion is we need secure Base Load in the event of a Volcanic Ash Umbrella blocking Solar Dreams.
        On pipelines, TCP’s newest Loop 4 exploded SE of Rapid City Manitoba in July 1995 from a Pre-existing Crack weakening Line Three which exploded burning the Compressor Station! Picture this happening in Heating Season with 24.5 Million people East of the Manitoba Border and 28% of Ontarioweowe’s electricity generated by Gas Co-Generation! This aged infrastructure is proposed for the Energy East Conn/Version to pump diluted bitumen to Tidewater in New Brunswick.
        This deteriorated infrastructure is an Energy Security Risk to Ontario!
        An Oil Pipeline should be in a Separate Corridor for Energy Security!

        • TCPL mostly runs natural gas pipelines, not oil lines. As I recall, major gas pipelines operate at much higher pressures than oil pipelines.

          One of my longtime friends, George Watson, was President of TCPL – we went to Queen’s together and worked summer jobs for two years in the northern mines. George died in late 2018. He was a solid guy of great integrity – like his company TCPL.

          They do their best to avoid accidents, which cost a lot more to repair than it does to prevent them. Oil pipelines do not typically explode violently, and when they rarely leak, it is messy but not dangerous. Much of Western Canadian pipelined crude is diluted heavy oil, which is less flammable.

          Rail is much more dangerous and costly than pipelines for oil transportation. The train derailment that incinerated 47 souls in Lac Megantic Quebec was light North Dakota crude.

          Also, a train derailment is high-energy, and causes sparks that provide the ignition source. Oil pipeline leaks are typically low-energy.

          • TCP’s Beardmore explosion in February 2011 took 11 hours to Close the Mainline Valve’s! The Blackwater River was frozen which would have had diluted bitumen on Lake Nipigon if the Energy East Conn/Version had manifested. Line 2 had not undergone a Hydrostatic Test since 1974 when it was Commissioned into Service. We we’re doing Hydrostatic Testing on Line 1 funded by Canadian taxpayer’s in 1957 and it was exploding under water pressure. The TSB Occurrence Reports are quite revealing. But don’t expect to see the Outside of Pipe Corrosion Pictures because the TSB removed them from their Report. Corrosion is bad at the 3: o’clock and 9 o’clock position because the Pipe Wrap separates from the pipe wall enabling corrosion.

          • Alan, the point I was making that at Beardmore it took 11 hours to Close the Mainline Valve’s! In 37 years of operation it had never Undergone another Hydrostatic Test. These Pipe Loops up to 4 in some areas were part of the Energy East Proposal to Pump diluted bitumen to Tidewater in New Brunswick!
            TCP’s had NO intention of doing Hydrostatic Testing before the Conn/Version! There are Line 2 Loops De-Commissioned because Repair Spools will NoT weld to the old pipe!
            If you Google the TSB Occurrence Reports you will gain perspective of what I am trying to get across. Buried pipe doesn’t last forever.

        • Gerald – I will agree with you that we need highly reliable fossil fuel delivery systems in our cold country.

          Please see my post above at https://wattsupwiththat.com/2019/02/01/trump-eyes-action-to-limit-states-powers-to-block-pipelines/#comment-2612994

          Fully 85%of global primary energy is fossil fuels – the rest is largely nuclear and hydro and less than 2% is alternative energy, despite trillions of dollars in squandered subsidies. Wind and solar fail because of intermittency.

  2. Let them freeze. If a few dozen have to abandon their apartments and lose stuff with frozen pipes for lack of heat maybe they’ll wake up. I doubt it, but you never know.

    • Sadly, if/when this happens they will blame the Republican party for not addressing “climate change.”

      • Sadly true.
        The lament will be, “It’s not my fault! You should have stopped me from making stupid choices!”
        I’ve heard complaint that in many variations.
        It’s always somebody else’s fault even when its their own actions.

        • The liberal / progressive types are stuck with the conviction that they are never wrong. No matter how “feel good” an action is, it cannot be wrong! Since any action they take is, by definition, correct; if it doesn’t turn out the way they assumed it should – or wanted it to – the bad result must be someone else’s fault.
          The fact that people died as a result of not enough pipeline capacity therefore has no connection to their actions to prevent the pipeline from being built because some imagined environmental damage MIGHT happen.

          • Actually, they -the left – are the most miserable people to ever exist. Their hateful aspersions never cease. They rise from hell every morning to cast as much about themselves onto others.

  3. Since we have a national DOT to insure that trucks can continue to deliver goods regardless of state’s desire to block them, the same should apply to power distribution (gas and oil are power before conversion to heat or electricity). States should not have the right to reduce people’s access to those goods and services.

    • Congress and the people also have The Commerce Clause, ….. end of story.

      The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

      But sorry bout that, ……. the Obummer Democrats have “trashed” the COTUS.

        • I just might hafta disagree with you just for the ell of it 😊…… and claim that The Commerce Clause is the 2nd most bastardized item of COTUS ……. with the Second (2nd) Amendment, …. “the right of the people to keep and bear Armsbeing the #1 most bastardized item of the COTUS.

      • The Commerce Clause was horribly abused to allow the Feds to claim that a wetland or persistent puddle in your backyard was a “navigable waterway” and therefore effected interstate commerce and therefore could be regulated by the USEPA.
        But a pipeline is real and genuine interstate commerce.

        • This was an actual supreme court case. The court ruled that growing corn to feed your own cows was interstate commerce, because if you didn’t grow that corn yourself, you would have had to buy it on the open market, and some of the corn you would have bought might have crossed a state border.

    • Arizona should have no right to deny the country clean solar energy. It must cover itself in solar panels and large fizzing and sparking pits of lithium goo.

      • The only problem with the progress thought, is that solar panels and the infrastructure that goes with them will never recover the energy(fossil fuels) it took to produce them

  4. Navigating this thicket will be tricky. If this president overuses executive authority is sets a precedent for the next one to abuse it.

    • I think that precedent has already been set by the previous administration, that cow isn’t returning to the barn.

    • As he’s just following in the footsteps of his predecessor in regards to overusing executive authority, I’m afraid you are looking in the wrong place for the setting of precedent.

    • I totally agree, but the next Democrat will probably abuse his or her executive authority. He or She will have a pen and a phone.

      • which will make them no different than the previous Democrat President. What Obama couldn’t get through congress he would get through his “pen and phone”.

        “If Congress won’t act, I will.” —President Obama

    • Really? We have federal highways, airways, waterways, etc that states have in the past tried to block and failed. The precedence is set. Furthermore, since when did something need precedence? Recall the first use of eminent domain. Cheers!

  5. Challenging zealots like Governor Andrew Cuomo is good politics. Making Cuomo defend the indefensible should wrong=foot him, and put him in the position of wanting his constituents to freeze in the dark.

    • The King doesn’t care, he is just looking for another batch of New York vermin he wishes to remove from his kingdom, even if they voted for him.

    • Who’s going to challenge him? The lapdog media won’t, and no one else will be permitted close enough to ask the questions.

    • Cuomo and the Demorats don’t care if people die in the cold because of the cold due to a lack of heat, and they consider it a bonus if people die in the heat due to the lack of money to pay for the electricity for air condition. Add in every new coolant going into said air condition are less efficient. Yep her in Arizona every new furnace/air condition I have replace cost more to run even though I was told they were more efficient.

  6. I say yes, do it. The howls of protest from the self-righteous fossil fuel- hating carbonistas would be especially delicious.

  7. Making America Great Again has always meant getting rid of the abuse of policies intended for more restricted purposes. Waters of the US under Obama came to be broadened to cover everything including farmer’s dugouts, ditches and ponds so that they could interfere in and regulate private property, in new ways.

    Junk lawsuits to interfere in project development based on malleable statutes which are actively studied by anti- American NGOs and partisan polices that aren’tinterested in the environment or communities, they just want to prevent projects like pipelines, ports, railways, dams, etc. Remember the foot thick consultant’s report on environmental impact of building a short road in Maryland?

    If similar things were applied to a windfarm eyesore and avian killer by the same obstructionists, there would be none of these. The trade-off between utilitity and damage to the area around them would be a no-brainer to refuse a permit. But hey, they get an exemption to allow killing endangered birds and bats – how dangerous is a precedent like this?

    Yeah the statutes need a clean up and a trimming down to match the rationale for them to have been enacted in the first place. Therr should even be clauses that limit the application

    • Kill a bunch of golden eagles in Wyoming or Colorado via 300 foot high avian Cuisinarts but all you pay is 1 million dollars which came from the taxpayers via green bonds. Look up Duke Energy .

  8. Go for it, Donald. You are my hero and though all of the rest of the country does not know it, theirs as well.

  9. If they keep electing people like this MN rep, they will freeze. This guy has a real sense of timing.

    Excited to introduce my first bill as a legislator today: moving MN to 100% clean energy! We can confront the climate crisis, clean up our environment, protect our health and vulnerable communities, and create tens of thousands of MN jobs! Time to act.

    https://twitter.com/Jamiemlong/status/1091141798305484800

    • While the people here in Minnesota have a general socialist streak, in the end they are pretty practical and won’t put up with idiotic schemes that make energy more expensive and/or unreliable. Winters can’t be survived here without plentiful, affordable sources of energy. They also like their pick-ups, SUVs and Jeeps because they can get them around even when the white crap falls from the sky. Any politician that tries to take them away will find themselves out of office the next election cycle.

      • No they are not, check your electric rate, taxes and look at the stupid mandates they already passed. That why I left Minnestupid(that what my wife who grew up in South Dakota refers to the great state of 10,000 taxes) nearly forty years ago.

    • …..and create tens of thousands of MN jobs!

      I can imagine that the general public is gullible enough to accept that statement, but today’s politicians seem to be devoid of common sense, as well as the ability to check facts before sponsoring a bill.

      It is the activists themselves who explain that renewables are “job creators” because the operation requires an order of magnitude more people than a fossil fuel plant producing the same energy.

      By that rationale, this rep should have as his 2nd bill the prohibition of tractors in MN agriculture and force farmers back to horse and plow. That would really create jobs.

      Sheesh!!

    • When one signs up for the local utility, give them a a green choice along with the rates that are connected to it. Check the box that says “I chose to only receive and pay for green power.” Oh …sorry…forgot, they don’t believe in choices. Dang

      • ““I chose to only receive and pay for green power.””

        I don’t think they have yet figured out a way to distinguish electrons produced by green power from electrons produced by fossil fuels. So claiming you only use green power while connected to the fossil fuel electrical grid is just a flat-out lie.

        The only way to claim you are operating on green power exclusively is if you are disconnected from the nation’s power grid, and are using only electricity produced locally by solar or windmills.

        • Right…you and I know that. If for example, green power is 10x more expensive to produce, then they pay 10x for their usage. Pretty simple. “Check this box for green power..” They need to feel good about saving the planet!

    • “moving MN to 100% clean energy!”

      Before this legislator proceeds with this he ought to check out how much power was produced by “100 percent clean energy” during this recent extreme cold spell. If the legislator had to depend on “100 percent clean energy” during this period, he would have frozen to death along with a large number of those people he represents.

      I guess it doesn’t dawn on these people that extreme weather shuts down “100 percent clean energy”.right when theenergy is needed most. Fuzzy thinking will get a lot of people killed.

      • So he’s going to support the building of next gen nuclear plants? Awesome! That will help…umm…what? Wind turbines and solar? No nukes?

        Never mind. Minnesota is doomed.

  10. Gee mods I’m genuinely interested in what rules I seem to be breaking. The post is on topic. I believe it is a good contribution the discussion. I’m not selling anything or being direspectful. You have trained me pretty well!

    (I checked the spam and trash bin, they are not there. Sometimes a lot of good comments ends up in the mod bin, that requires a Mod to come rescue them, even a few good ones are found in the trash bin too) MOD

    • Sometimes you need to wait a bit before a post shows up whereas other times they show up immediately. There doesn’t seem to be any rhyme or reason between the two scenarios.

      • I think sometimes it’s just a matter of bandwidth. WordPress must get slammed continuously with millions of comments at a time, and at really busy times it takes a few minutes to sort things out.

        • I also suspect that if your posts arrives at a time when the pipelines are full, your post winds up in the bit bucket.

      • We are floating on our boat in the Caribbean. I never know if or when we might be connected. Band width is sometimes like dial-up. We burn about 150 gallons of diesel, 50 gallons of gasoline and 15 pounds of propane per year. I make 35 gallons of fresh water every five days. The bulk of power needs is met by my 660 watt solar farm, no chopper. It’s possible to be very frugal but most homes are not designed to allow this. I am not a tree hugger and am not a proponent of the new religion, just a retired engineer.

  11. I would be poetic justice if only the alarmists were to be the only affected but, unfortunately, cold doesn’t discriminate.
    Undoubtedly it would be the older and poor, as always, that would be disproportionately affected.
    Of course the left/warmest’s, at least here in Canada, always claim the poor people are who they really claim to care about. Yeah right!

  12. Minnesota and Michigan had to deal with natural gas shortages during the recent cold spell. The Minnesota shortage was linked directly to too much reliance on wind, which did not blow. Michigan’s, on the other hand, resulted from a fire. Nonetheless numerous articles noted the lack of wind power to augment natural gas for power and heat.

    • Yet somehow we are expected to move our coal electrical generation to gas, hos is that suppose to work out if they don’t have enough supply to heat houses? Add in we are not to have more pip line, as Ron White put it “you can’t fix stupid.” yet the guppies in Minnesota will still vote for Demorats while the Demorats blame Republicans who have not held any real power since 1970.

  13. Is this really new? Obama overrode states on green power transmission line projects in spite of utility commissions because they served proposed wind power projects transmission.

  14. AFAICT, IANAL, Congress has the power to regulate interstate commerce. Commerce Clause

    If a state tries to block a pipeline between two other states, it looks like the feds can step in. yes/no?

    • Yes! States have no more authority to block the interstate transfer of oil through a pipeline than they do to blockade roads at their borders, or to cut telephone lines that run through their state.

      One of the reasons the Constitution was adopted to replace the articles of confederation was to prevent states from interfering with commerce.

  15. Remember when Obama was president and the Federal government claimed authority over everything?

    The about-face morality of progressives will just about rip the lips off your face.

    • As Gary (February 1, 2019 at 10:14 am) and others commented above, doing something because it’s expedient may set a precedent. In that regard, politicians seem to be more tuned into tactics and less so strategy. In other words, they usually think no farther than the next election.

      • The U.S. Constitution sets the precedent.

        A president who does not follow the U.S. Constitution is acting outside the law. The U.S. Constitution was written to reign in such unlawfulness.

  16. I have a simple answer to the over indulged Green advocates when it comes to energy distribution. Offer those who do not want to be supplied with gas, to sign a waiver to that effect. Let them know they will be the ones turned of preferentially, when supplies get low. I wonder how many would sign?

  17. I just find it amazing that landowners in NY have not already sued the state and John Fox for preventing their sovereign right to exploit their own minerals, and that other states have not sued NY for preventing intranational pipelines from reaching them.

    • NY has not prevented mineral owners from developing their properties, the State says you just can’t frac a horizontal well. It doesn’t matter to them that your well is uneconomic, their position is that you are still able to drill and produce. This, despite the Bureau of Oil and Gas Regulation putting out a GEIS saying there were no significant impacts from fracking. The governor overrode the statement for political reasons only. Drive from Broome County, NY and see the economic devastation and go into adjoining Bradford County, PA and see the booming economy and well-kept farms and see that all socialists have to offer is misery for their subjects.

      • GeoNC, simple isn’t it. But that’s what NY voters want. States don’t have an electoral college system so rural votes don’t count. Liberal NY City voters have all the power, and liberals are wrong about everything, everytime everywhere.

        • The Nevada constitution created an upper house with one representative for each county and a lower house with representatives by population, parallel to the Senate and House in the US congress. That structure was ruled unconstitutional by a federal judge based on “one man one vote”. Of course the suit was brought by the democrats from the population centers in Las Vegas and Reno. Now the “cow counties” have little say in Nevada politics.

          • The same thing happened in California. That “one person one vote” nonsense has no basis in law or the constitution which has that “Senate” thing. In fact the Constitution was intentionally drafted to prevent a pure democracy which can result in mob rule and the domination of minorities by majorities.

  18. Pocahontas is running for president. Possibly one of the few who might be worse than Hillary, that’s a might be. She will say or do anything to help her toward that goal. Again, the frightening thing is how many really stupid people there must be in this greatest of all countries to believe the lies being told by these left wing idiots.

    I like Rod Evans’ idea on greenies signing up to freeze to death of they run out of gas. Perfect!

    • California’s Kamala Harris is likely worse. Since she’s (unfortunately) my Senator I have occasion to write to her and her replies show a complete lack of understanding or logic.

      • Interesting. Over the past 45 years, I’ve written to a number of politicians on various subjects. All I ever got back from any Democrat was a ‘boiler-plate’ letter stating the “… we will take your views into consideration.”

  19. I think that a a major flaw in the USA political system is having a President with so much power. Having got rid of George the third, you went and made a King in fact with the President system.

    If you are to have democracy , i.e. the power of the people, then the two houses should be sufficient.

    Her e in Australia we have the representative of the Queen the Governer General. This is a important position as he or she can veto the government, such as the “Dismissal” of the Whitlam government, acting as the Queens representative, but its a ceremorial position outside of such action.

    If we become a republic, probably soon, this position will become the President, but with no real power except in such a emergency . The Prime Minister, who is the leader of the party in power and the two houses, that of the Representatives and the Senate govern the country, a far better system, I think. The GG, or soon to be President should simply be the referee. Canada has the same system too.

    MJE

    • Michael,
      We prefer what we have. I’ve seen your type of system get stuck with stupid governments for decades are a time.

    • we are not a democracy nor have we ever been one.
      we are a constitutional republic.
      the passing of the 17th amendment however really skewed that.

      • Exactly, do you think and leftist know what you are talking about, and if they do they consider it good thing.

    • The president was supposed to be equal in power to the legislature. Unfortunately over the years, congress has ceded much of it’s rule making power to the legislative branch, which is headed by the president.

      Laws that contain the phrase “the Secretary shall enact” should be unconstitutional.

      • What about the Judiciary, they do trump(sorry no pun intended) both the president and congress. the kingdom to themselves and only answer to themselves.

      • MarkW: I think you meant to say “the Congress has ceded much of its rule making power to the Executive Branch, which is headed by the President”. Congress is the Legislative Branch. As an aside, the elected members of Congress have ceded much of their rule making authority to appointed bureaucrats and their respective agencies, thereby providing themselves with a unique position of deniability for all the unintended consequences of rule making.

      • I would argue that any law that turns rule making authority over to the Executive branch is unconstitutional. The Constitution says “”ALL legislative powers herein granted shall be vested in a Congress of the United States.” If “ALL” means what I know it to mean then there is no power to make laws (including “rules” of any kind) in the other two branches.

        Unfortunately, we’ve allowed the Executive and Judicial branches to make laws unchallenged to the point where it’s probably impossible to reverse. Also, the experience with Trump is showing that much of the executive branch bureaucracy sees itself as superior to the president.

      • “congress has ceded much of it’s rule making power to the legislative branch, which is headed by the president.”
        Who knew? Thanks for telling me how the government works.

  20. Think our Supreme Court and regular elections have kept things in check most of the time. FDR being an exception to that rule. 22nd Amendment took care of that.

    Some of Obama’s more egregious abuses were stopped cold in a reasonable time span by the courts. DJT has been getting the same treatment.

    Beating back this green menace is going to take some extraordinary action on our part. Executive orders are part of it. Makes the case we will have to make to the voters. “In your guts you know they are nuts” Do not turn your life and the lives of your children to smelly old hippies like Bernie Sanders.

  21. I’m all in favor of limiting the power of governments (whether they be local, state, or federal) to reasonable levels. On the issue of pipelines, however, I continue to state my opposition to state-sponsored seizure of private lands by corporations.

    I recognize this wasn’t necessarily the focus of the article, but I believe it’s relevant. Not all pipeline protests are rooted in knee-jerk environmental activist dogma. Sometimes they’re just because people want to keep their own land for their own use.

    rip

  22. But according to the comments that I read on WUWT, plus our International news services, Presidents like Obama have done a lot of damage to the USA economy, using such powers.

    But as Churchill said, “Democrancy is the worst possible political system, but its the best compared to all of the others”, or words to that effect.

    MJE

  23. The evolution of energy as a state by state control rather than a federal matter is disastrous. In Australia the states are all run by totally fanatic leaders who compete with each other who can make their energy system the most expensive and unreliable. I think the global Warmists have so infiltrated our institutions that only a declaration of National emergency will stop them. The federal government which should be against the global warming scam has had to deal within its own party warmists ( the former Prime Minister being the worst) . But he looks sane compared to the lunatics running the states.
    The states are insipid devotees to Gaia no matter which side of politics is in control. For an energy rich country it is a disgrace what is happening
    Our biggest company, our educational institutions, our commercial associations , our national media, our religious institutions, our state politicians, are all controlled by warmists and when we have blackouts and soaring energy costs the reason is that we don’t have enough renewables, we have too much coal and we have too low emmission targets. The elimination of dissenting voices has gone from an underground movement of drowning them out by a compliant media to open warfare with academics like Peter Ridd, politicians like Stuart Roberts, Tony Abbott, Peter Dutton and Craig Kelly being ganged up on by warmists who are becoming more fanatical as our States run energy policy falls apart. Our current government should’ve declared a state of emergency, got out of Paris, overridden the States , stopped all renewable subsidies and built coal fired plants and then we would’ve had a chance but with an election in a few months and the Liberals ( our right of centre party) having been damaged by warmists suicide bombers Australia is doomed to a period of economic regression as the warmists take total control. Unfortunately only more frequent blackouts, higher energy bills and the inevitable human deaths that will follow will activate the democratic masses to do something about it. But that may not be till 2023 by which time Australia will have became a green basket case.

    • Sounds like California, seriously flawed and costly. You have it exactly right: “Our current government should’ve declared a state of emergency, got out of Paris, overridden the States , stopped all renewable subsidies and built coal fired plants”. Don’t get to excited about “the democratic masses to do something about it”. The politicians are just doing what the voters want. They’ll want the politicians to “soak the rich” and make them pay to “fix it”. The solution will be to throw good money after bad. California in 2000 was in a “deep power hole” but nothing compared to where we are now. Cheers.

    • Like highways and other transportation systems, there is an element of interstate commerce here to consider. In these cases, there is role for the federal government to play; otherwise one state could interfere in the commerce between two other states just because it happens to be in between them. I know that the interstate commerce clause in the US constitution has been historically abused, but this is, IMHO, is a proper use of it.

        • I’m having trouble following your logic here. If you are saying that over-powerful agencies like the EPA and CARB are an example of abuses of the commerce clause, then I agree. Otherwise you will have to better describe your objection to what I said above.

          Keep in mind that I’m not pro big-government; quite the opposite. I’m just pointing out that there are legitimate roles for the federal government and regulating things (commerce) that naturally must cross state lines is one of them.

  24. Natural Gas Pipelines constructed interstate have federal eminent domain authority that becomes available to the builder upon FERC approval. This authority is helpful in containing costs. Without the ability to condemn, a single landowner can ransom a $billion project. Procedures are well established to set the fair market price for an easement. Pipeline company selects an appraiser, the landowner as well, and a “neutral” 3rd party is appointed and a price is determined. The pipeline company will understandably pay a little more than the amount to avoid bad PR, court costs and delays. However, it is easy to delay this process for about a year and environmental groups currently always do so to show their sponsors they are “fighting” for their cause. All it does is add a few $million to the cost that is passed on to the consumer. Oil pipelines do not have federal eminent domain authority and like intrastate natural gas pipelines must have eminent domain authority from a cooperating state or the project is easily stopped by “environmentalists”…and greedy landowners.

  25. GeoNC, simple isn’t it. But that’s what NY voters want. States don’t have an electoral college system so rural votes don’t count. Liberal NY City voters have all the power, and liberals are wrong about everything, everytime everywhere.

  26. Part of the problem here in Australia, and possibly also in the USA, is that one business such as Gas, via fracking does not want coal as a business alternative, so may end up supporting the Greens.

    Its time businesses got their act together and they realised that in the Greens they are facing a determined enemy , and combined to try and defeat it.

    Perhaps they, bug business should stop thinking that the Polititions will fix the problem, and instead took a more active part in the running of the country . For example they should, by the use of money, force the Universities to have courses which would turn out persons who can be of use to the economy. Same goes for the State run schools, they need reforming, but politicians listen to fosus groups and do nothing to stop the Green influence.

    The politicians tend to favour big business, because that is where the big donations come from, instead of realising that small business not only employ the bulk of the work force, but actually run the countries economy

    MJE i

  27. About damned time! Democrats HATE states rights, after states rights failed to keep their negroes in slavery, so Nannee and Chuckle and Aunt Esther and Callmama Harris and Accusatory Ocaisional-Cortex and Headcase Coumo all ought to be f*cking ecstatic over this.

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