Biden’s Transportation Department targets CO2 emissions of cars on highways to push EVs

It does seems as if the Biden administration can use a lesson in US Civics.

Bonner Cohen writes at CFACT

One week after the U.S. Supreme Court ruled that the Environmental Protection Agency could not regulate carbon dioxide emissions from power plants because the agency lacks congressional authorization to do so, the Biden Department of Transportation (DOT) proposed a rule targeting CO2 emissions from highway vehicles, for which DOT also has no legal authority.

DOT’s Federal Highway Administration (FHWA) is proposing a rule that would require states and municipalities to “track and reduce greenhouse-gas emissions on their highways.” In keeping with a regulatory tradition that is as longstanding as it is misleading, DOT assures the public that the “carbon reduction program” contained in the rule will be “flexible,” allowing state DOTs and metropolitan planning organizations (MPOs) to “set their own targets.” That flexibility quickly disappears, however, when the DOT adds that the declining targets must “align” with the Biden administration’s “net-zero targets” as outlined in two executive orders and commitments made at the International Leaders Climate Summit.

The scheme to have state DOTs and metropolitan planning organizations set ever-declining targets for emissions from on-road vehicles has no basis in law. Congress has never instructed DOT to take any such step. As close as it came were a few provisions in last year’s bipartisan infrastructure bill which established a few CO2 emissions-reduction programs at DOT. But nowhere in that legislation was DOT granted the authority to require vehicular emissions targets, much less targets that serve any “net-zero” goal.

In the Supreme Court’s decision in West Virginia v. EPA, the High Court ruled that EPA lacked statutory authority to regulate CO2 emissions from power plants. The same legal principle applies here. DOT’s proposed rule will trigger lawsuits arguing that the Biden administration’s action violates the separation of powers the court upheld in West Virginia v. EPA. Citing that precedent, plaintiffs will say that executive branch DOT officials acted unconstitutionally by assuming powers that only the legislative branch can grant. If the case makes it to the Supreme Court (and that could take years), and if that body is composed as it is now, the DOT’s power grab is likely to go the way of the Obama/Biden plan to regulate CO2 emissions from power plants.

You can read the full article here.

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July 12, 2022 10:22 pm

Free enterprise, the left call it capitalism, let consumers pick winners and losers on merit, no government interference picking winners for consumers.

Reply to  Dennis
July 13, 2022 9:55 am

Good leaders don’t parrot baseless unscientific lies such as catastrophic anthropogenic climate change. Liars do. Climate policy induced Austerity will increase social unrest to the point of revolution, leading to a change of elites as Putin said. To attempt to escape their fate, bad leaders refuse responsibility for their actions, and project them onto a designated enemy, such as Putin. “Putin’s Gas Hike”. “Russia gas BAAAD, Saudi gas GOOOD.” Thus Pursuing policy of ever increasing austerity will lead to global conflict and war, potentially nuclear war, which could hurl the world into a mini ice age that could last for thousands of years, according to a study recently released by Louisiana State University. Demonstrating why humanity mustn’t replace science with politics. Unscientific lies create problems that didn’t exist before, and diverts attention away from fixing real problems in the world…

Last edited 1 month ago by TyTy
Reply to  TyTy
July 13, 2022 10:40 am

The majority of electricity comes from gas powered plants. He wants to replace gas cars with electricity from gas powered plants. And end the supreme court.

2022-07-13 10_38_09.jpg
Last edited 1 month ago by TyTy
Carbon Bigfoot
Reply to  Dennis
July 15, 2022 5:28 am

No Dennis the left call it CRAPITALISM, ” Liberals Who Make Millions Swiping Your Tax Dollars”
As author Jason Mattera descibes in the book of that title. Jason NY Times Best Selling author of Obama Zombies.

Old Man Winter
July 12, 2022 10:45 pm

Lance Gooden:

Can Democrats explain how Saudi Arabia drilling for oil doesn’t “harm” the planet but American drilling does?

Reply to  Old Man Winter
July 12, 2022 10:52 pm

Similar to China burning coal in power stations and building more coal fired power stations every year, China emissions increasing every year exceeding the total emissions from Australia for one year.

Climate hoax politics.

Michael in Dublin
Reply to  Dennis
July 13, 2022 4:45 am

“The Udangudi plant is one of nearly 200 coal-fired power stations under construction in Asia, including 95 in China, 28 in India and 23 in Indonesia, according to data from U.S. nonprofit Global Energy Monitor (GEM).” (my emphasis)

Reply to  Dennis
July 13, 2022 9:22 am

Climate change is real, note clouds move. Summer turns to winter. Thats because the earth spins. You see there is this thing known as a giant ball of fire in the sky, the earth gets closer to, and father away from. In order to change climate change, ve must first change ze rotation axis of ze earth around ze sun.

Last edited 1 month ago by TyTy
Reply to  Old Man Winter
July 12, 2022 11:13 pm

No. That’s different….

Old Man Winter
Reply to  Chaswarnertoo
July 12, 2022 11:49 pm

Saudi CO2 must be the Super Duper Deluxe Magic Molecule™
that heats & cools simultaneously!

Dr. Bob
Reply to  Old Man Winter
July 13, 2022 8:43 am

Saudi CO2 should have more impact on climate as there is less water vapor in the desert to interfere with the CO2 IR absorption bands. Same with methane emissions in SA. With little water vapor present, CO2 and Methane are more effective GHG’s. So we need to eliminate all water vapor from the atmosphere to know how impactful other GHG’s are.

Reply to  Old Man Winter
July 13, 2022 6:02 am

I had some doubts about Lance when he was running in the GOP primary for TX CD05. However, he’s been a good congressman. Unfortunately we were redistricted in to TX CD32, currently represented by a sleazeball Democrat.

Last edited 1 month ago by David Middleton
Reply to  Old Man Winter
July 13, 2022 9:54 am

Not to mention Russian megaprojects in the Arctic with Chinese investment and development bank loans

Carbon Bigfoot
Reply to  Old Man Winter
July 13, 2022 1:17 pm

Gear heads are not going to stand for it. They’ll march on DOT and smash the bureaucrats cars with their socket wrenches.

July 12, 2022 11:11 pm

Lets see, wasn’t there just a SCOTUS decision on federal agencies overstepping their Congressional mandated authority ? Why yes, there was !

Richard Page
Reply to  lynn
July 13, 2022 2:33 pm

Every one of the agencies run by Biden’s cronies are going to start pushing back against that ruling – it won’t work but it will tie up the court system for a long while until they can sort things out. Meanwhile look for Biden’s handlers seeing if they can bypass the system with an executive order.

Reply to  Richard Page
July 13, 2022 6:37 pm

It doesn’t have to. The supreme court can take original jurisdiction on pretty much anything it wants to. If it becomes apparent to the court that the departments are intentionally bypassing their ruling, they can take the cases and give some VERY pointed instructions on staying within the law. Phone and pen does not invalidate congress.

David A
Reply to  OweninGA
July 13, 2022 10:27 pm

What they CAN do , and will do may be different. They are being directly harassed and threatened in their homes, on-line, and the Government is letting it happen.

Reply to  David A
July 14, 2022 7:58 am

They stood their ground on the recent decisions despite that harassment, David, so that’s at least a tiny glimmer of hope they might continue to do so. But I’m jaded enough to accept what you’re suggesting as equally likely.

Old Man Winter
July 12, 2022 11:30 pm

The current $7,500 federal electric vehicle tax credit also applies to these models:

2022 Bentley Bentayga plug-in hybrid  MSRP $193,400-$259,400
2022 Porsche Panamera 4 PHEV         MSRP $105,000-$200,200
2022 Audi e-tron GT                  MSRP starting at $102,400

Leases- $$$ paid to the manufacturer who aren’t required to pass the savings
onto the lessee; Toyota doesn’t but often discounts the “rent charge”.

Those of use who can’t afford a $50k EV are paying for rich libs to buy
$250k+ EVs. This is as bad as AOC demanding those who didn’t go to college
& make much less $$$ than her to pay HER student loans. And we’re the
deplorable scum?

Last edited 1 month ago by Old Man Winter
July 12, 2022 11:51 pm

Running Tesla cars on lithium batteries is just about OK, but the Elon’s SpaceX should definitely not do it.
Seriously though, fortunately no one is injured. Space launch business is a dangerous enterprise.

Last edited 1 month ago by Vuk
Trying to Play Nice
Reply to  Vuk
July 13, 2022 5:53 am

That’s why they said rocket science is simple. Rocket engineering is hard.

July 13, 2022 12:42 am

Perhaps the EPA should concentrate on the millions of hard to recycle EV batteries being proposed along with those turbine blades and solar panels when they’re worn out-
Tesla’s 4680 Structural Battery Pack Teardown: Zero Repairability Reported (
Put down all those Admiral Nelson’s telecopes.

July 13, 2022 12:57 am

Assuming that carbons are bad for the environment and that stopping vehicles emitting them is a “good” thing…how does a state stop cars and trucks driving through that state along its highways and emiiting carbons?

Might it be that there would have to be checkpoints on the state border where a vehicle’s miles/kilometres are recorded and similarly on leaving the state and a charge levied based on assumed carbons emitted per mile [or km ] and distance travelled.

Thre’s a lot of state borders. So much for Route 66 or any other trans-US route.

A good employment creation program and economists would claim that it increases GDP.

Reply to  GregK
July 13, 2022 1:25 am

Green Jobs ???

Trying to Play Nice
Reply to  GregK
July 13, 2022 5:59 am

Route 66 has been gone since 1985, replaced by the Interstate Highway system. “Historic Route 66” shows up for tourists.

Reply to  Trying to Play Nice
July 13, 2022 7:00 am

Route 66 is still there. It isn’t used much but the roads and the signs haven’t been torn up.

another ian
July 13, 2022 2:41 am

An upfront meeting with the truth of renewable energy –

It means that everything has to be renewed about every 15 – 20 years u c k-nation/its-not-working/

(Edit the spaces to link and still might be moderated)

July 13, 2022 4:28 am

There are incompetent people installed not only as leaders of the DOT but also Dept of Energy and the Interior Dept. They have had virtually no experience outside of government and are anti fossil fuel as well as financially illiterate. Of course that situation applies to all of Brandon’s administration.

Michael in Dublin
July 13, 2022 4:43 am

Climate lunacy!

Tom Halla
July 13, 2022 4:55 am

The Democrats seem to be going full George Wallace when losing Supreme Court decisons.

David Elstrom
July 13, 2022 5:26 am

A giant F-You to the SCOTUS whose EPA ruling required federal bureaucracies to operate inside authority granted by Congress. This shows the fascist elites’ determination to limit mobility (read liberty) of the Deplorables, and destruction of rule of law. A better solution would recognize there is no constitutional authority for the bureaucratic despotism: (1) no amendment enumerating the central government’s power in an area, (2) bureaucracies are an unconstitutional delegation of legislative power to the executive, (3) bureaucracies are a violation of separation of powers—containing, as they do, lawmaking, enforcement, and judicial functions.

July 13, 2022 5:32 am

Isn’t there some provision in the US Constitution which prohibits the feds from enforcing edicts upon the states which do not align with state’s laws and regs? Is it time to form a coalition of states which still honor the US Constitution and force the idiots in the fed gubmint to back off?
Just askin’ for a friend.

Trying to Play Nice
Reply to  RevJay4
July 13, 2022 6:02 am

I would say that the Constitution is that provision because it identifies the powers of the three branches of government. The 10th Amendment more specifically states that any powers not granted by the Constitution are left for the States and the people. That’s the part of the Constitution Democrats seems to not understand.

Reply to  Trying to Play Nice
July 13, 2022 12:42 pm

Senator Hirono D-Hawaii has declared that since it’s impossible to know what the Founding Father’s meant when the wrote the Constitution, we are free to interpret it however we want.

Not withstanding the Federalist Papers as well as the extensive writings of other people who were there when the Constitution was debated and adopted.

George Daddis
Reply to  RevJay4
July 13, 2022 7:17 am

In many instances the states have been suckered by the Fed agencies by accepting “free” federal funds and then later are blackmailed by threats of stopping those payments if they don’t accept Federal “suggestions” – e.g. speed limits. Lots of examples in education and other areas.

They can then deny it is an “edict”, we are just slowing down our largesse for states that follow our “guidelines”.

Of course as observed, present Democrats drop even THAT pretense – we’re doing it because we can – until you stop us, and the GOP seemed to have lost the nerve to do so.

Reply to  RevJay4
July 13, 2022 10:21 am

“Is it time to form a coalition of states which still honor the US Constitution…”

I don’t see much will to actually do anything like that. Not saying “none”, just not much.

Would be interesting to see what happened if even a small handful actually did, though.

Bruce Cobb
July 13, 2022 6:35 am

Aside from the totally asinine and irrationality of net-zero, how on earth are state and municipal DOTs supposed to implement and enforce rules limiting carbon emissions? I can only guess there would have to be some sort of “carbon tax” tacked on when cars are sold and/or along with registration fees. Imagine the howls of protest there would be.

Reply to  Bruce Cobb
July 13, 2022 7:03 am

According to the leftists, anything that crosses a border, might cross a border, or might somehow influence something that might cross a border is interstate trade and must be regulated by the Feral government.

Reply to  MarkW
July 13, 2022 8:05 am

And for that we have FDR to thank, so he could push his new deal.

Reply to  MarkW
July 13, 2022 8:35 am

Mexican border?

Reply to  Anti-griff
July 13, 2022 12:44 pm

Every foot of the Mexican (and Canadian) border is also a state border.
That’s probably also true for the beaches of the East, West and Gulf coasts.

Richard Page
Reply to  MarkW
July 13, 2022 2:36 pm

Not on the beach – it’ll be about a mile or so out to sea. Otherwise your state border would change between high and low tide.

Reply to  Richard Page
July 14, 2022 4:57 pm

Think of all the cartographers that would employ. Constantly redrawing the borders.

John K. Sutherland.
July 13, 2022 6:56 am

Stupid is, as stupid does.

July 13, 2022 6:58 am

Would expanding your road system to reduce congestion count as carbon reduction?

Carlo, Monte
July 13, 2022 6:59 am

I predicted they would ignore the SCOTUS, and just a week later here is P. Butt. doing just this.

Last edited 1 month ago by Carlo, Monte
July 13, 2022 7:18 am

Proposed. Looking to see how they can get away with it or do damage in the meantime.

July 13, 2022 8:32 am

I’ve noticed that Biden still has Air Force One, Marine One and “The Beast” .. all of which guzzle fossil fuels

Reply to  Neo
July 16, 2022 8:38 pm

You forgot about the 2 VH-60’s, the C-17 carrying the motorcade (vehicles all less than 10MPG), the 3 MV-22’s for the Marines and press, and the 2 C-21A’s (Lear jets) for the Secret Service, that come along every time.

Last edited 29 days ago by sid
July 13, 2022 12:01 pm

All vehicles with tyres wear out as they are driven.

This releases carcinogenic particles into the air. Because EVs are heavier than the equivalent ICE, EVs tyres wear quicker thus releasing more carcinogenic particles.

So EVs are causing cancers in people right now, not sometime in the future when maybe some warmongers’ wet dream may come true.

Reply to  Redge
July 13, 2022 5:34 pm

Tires aren’t carcinogenic, and no, EV tires don’t wear any quicker than the tires on any other vehicle – vehicle weight has nothing to do with tire life. The heaviest vehicles on any road – 18 wheelers, get anywhere from 150 thousand to 500 thousand miles of tread life, compared to 40 to 80 thousand miles on auto tires.

Reply to  Duane
July 13, 2022 9:13 pm

Tires aren’t carcinogenic

You’re wrong

EV tires don’t wear any quicker than the tires on any other vehicle 

You’re wrong again

Tim Gorman
Reply to  Duane
July 14, 2022 5:13 am

You are leaving out the composition of the various types of tires. The tires on the heaviest vehicles are of a hard composition. Car tires are typically softer in order to give more traction at speed. Using typical car tires EV’s *will* see more wear per mile.

Reply to  Duane
July 14, 2022 4:59 pm

1) half a million miles? When you decide to start making stuff up, you go whole hog.
2) In case you have never bothered to look, truck tires are quite a bit bigger than car tires.

July 13, 2022 12:30 pm

Of course the Democrats will attempt this, in defiance of settled Constitutional law … but they’ll be sued immediately, a stay will be imposed immediately and whenever it gets to the DC Court of Appeals and/or SCOTUS, it’ll be struck down again.

The warmunists aren’t going to give up any time soon. Eventually, they’ll have to, or a GOP administration (not Trump) will succeed Biden in 2025 and stop the nonsense.

Reply to  Duane
July 13, 2022 5:31 pm

“Dha pbresidfent dovs noft halffv dha bability dhue impafct oil pfricless”.

July 13, 2022 5:52 pm
July 13, 2022 10:18 pm

I trust that the President will impose penalties for recharging EV from electricity grids that fossil fuelled power stations generate most of the electricity supplied.

July 14, 2022 1:31 pm

It’s an unconstitutional action but if there’s anything the Democrats have figured out is they will be able to get away with it anyway…

Democrats impose their will and then wait for legal consequences down the road at which time they just impose their will again. What if any consequences will these people ever face?

They should be expelled from office TODAY because they have violated their oath to protect the constitution… but that won’t happen.

July 14, 2022 8:10 pm

Comparison trials between gasoline and electric pickup trucks have proven to me there is no way I will by an EV.

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