They raise energy prices, hurt living standards, and impair our future as a law-abiding nation
Paul Driessen
The U.S. Supreme Court’s 6-3 decision in West Virginia v. EPA is truly a landmark ruling. It decisively rejected the Environmental Protection Agency’s attempt to use vague, “previously little-used” language in the Clean Air Act to shutter America’s remaining coal-fired power plants and force the nation to switch to pseudo-renewable energy, in the name of ending the “manmade climate crisis.”
But the decision goes much further. The Court made it clear that federal agenciesmay not impose “major federal actions,” decide “major questions” or implement “transformative expansions” of their regulatory authority without specific statutory authority clearly conferred by Congress.
In other words, federal agencies do not have the power or right to take unilateral actions that effectively transform or undermine major sections of America’s energy, economic or agricultural systems, its industries or its living standards, unless Congress has given them explicit authority to do so.
Such enormously “transformational powers” belong to the American people, acting through legislators they elect to represent them – not to bureaucrats who are not elected and cannot easily be removed from office or otherwise disciplined and held accountable. The intolerable regulatory overreach exhibited by EPA (and too many other federal agencies) violates our Constitution, its “separation of powers” doctrine, and any rational understanding of “legislative intent.”
Many Americans believe West Virginia v. EPA represents a great victory over the regulatory “Deep State.” However, the Court’s ruling will mean little if the Biden Administration refuses to acknowledge the decision and continues doing as it pleases, perhaps reflecting the “progressive” view that the Court has gone “rogue.”
To cite just one example, consider what’s happening with regard to pipeline policy – yet another choke point the Administration is utilizing to force America to terminate fossil fuel use.
Richard Glick, the Federal Energy Regulatory Commission’s radically left chairman, claims the ruling doesn’t apply to him. He insists that several federal district courts – two tiers below the Supreme Court – previously held that the EPA could regulate coal into oblivion. Therefore, he claims, the energy-killing regulations he wants to impose on pipelines can remain in place, or even be made more onerous, unless the Supreme Court specifically overrules him and FERC on that specific matter.
Under this “novel” interpretation, federal agencies can ignore or defy the Supreme Court on any regulations they want to implement – even regulations with major national implications, even rules that could leave people freezing jobless in the dark and perhaps dying from hypothermia – unless and until the Supremes render a decision specifically against those agencies and rules.
Or perhaps even until the Court has mustered its own army or sent an FBI or IRS SWAT team to kick in agency doors and enforce its decisions.
Chairman Glick wants FERC to revive its proposed rule requiring pipeline companies to account for all greenhouse gas emissions from construction or operation of their pipelines – even if it means many states and cities could find themselves without natural gas to electrify, heat and air condition homes, operate restaurants, hospitals and schools, power factories, or provide backup electricity during emergencies.
Major regions of America depend on pipelines carrying natural gas to generate electricity or provide direct fuel for furnaces, water heaters, ovens, ranges and backup generators. They already face threats of gas shortages and electricity blackouts during winter months and when weather conditions don’t cooperate with government-mandated wind turbines, solar panels and electric vehicle charging stations.
Pipeline companies say they would have to abandon many markets if the FERC rule is imposed, because it is hugely expensive, impossible to follow and likely to bankrupt them.
When Democrat and Republican members of Congress learned about the proposed rule, they urged FERC to rescind it. The Commission ultimately did suspend further consideration of the measure, but Mr. Glick’s recent remarks suggest he may try to unilaterally lift the suspension.
Perhaps his position is so at odds with the Supreme Court because the White House told him to disregard the ruling. President Biden repeatedly said on the campaign trail and since his inauguration that he is little concerned about high energy prices. He promised to end fossil fuel use in the USA and intends to do so, regardless of any impacts that might have on families, jobs and global geopolitical realities.
President Biden promptly canceled the Keystone Pipeline, increased regulations, suspended federal permitting processes, designated large areas as “national monuments” to restrict exploration and production, and directed all federal agencies to base all decisions on theoretical effects on Earth’s climate.
Those actions clearly signaled that he was willing to sacrifice our nation’s hard-won energy independence and once-strong economy on the altar of extreme green ideologies.
When food and gasoline prices more than doubled and inflation shot to a 40-year high, his approval ratings sank to lows never endured by any American president, Mr. Biden was reduced to begging Saudi Arabia, Venezuela and Iran to produce more oil. Perhaps he thinks their fossil fuels don’t emit “carbon.”
With a deciding vote by Vice President Kamala Harris, Congress passed the fraudulently named Inflation Reduction Act, which slaps $370-billion in taxes on middle class families to pay for electric vehicle, solar panel and wind turbine tax credits – and further enrich Democrat allies.
The wealthy will buy expensive electric cars that will be charged with pricey, intermittent, weather-dependent wind and solar power. Middle classes will see their jobs and living standards plunge further.
Meanwhile, China, India, a hundred other developing countries and a newly refocused Europe are all burning more fossil fuels, to improve and safeguard people’s living standards and lives – and provide the “renewable” energy materials and technologies the United States cannot or will not produce itself.
The United States could totally eliminate coal, oil and natural gas – and it wouldn’t improve Earth’s climate or weather one iota, even if greenhouse gas emissions actually drive climate change, including the Ice Ages, Roman and Medieval Warm Periods, Little Ice Age, Mayan drought and Dust Bowl.
Even more interesting, incoherent, incompetent and intolerable, White House and FERC actions to base all federal decisions on computer-conjured effects on Earth’s global climate obstinately and deliberately ignore the widespread harmful effects of Biden Administration fossil-fuel-eradication policies.
Those policies pay little or no attention to slave and child labor, wildlife habitat destruction, toxic air and water pollution, or even carbon dioxide and other greenhouse gas emissions from the vast overseas mining, materials processing and manufacturing operations required to make the countless wind turbines, solar panels, electric vehicles and backup batteries needed to replace the fossil fuels Mr. Biden detests.
Moreover, the fact that Mr. Glick’s boss has an anti-fossil-fuel agenda does not mean FERC’s chairman can ignore and defy America’s highest court. He swore to respect our Constitution and the separation of powers enshrined in it. He has no right or authority to advance the ideological whims of political officeholders, even a President.
Chairman Glick’s past comments show he already understands this. If he pushes his pipeline rule now on climate grounds, it will spell trouble – for American families, and for our Constitution, judicial system, regulatory state, respect for the rule of law, and survival as a united nation.
We can only hope he ultimately musters the courage, common sense and recognition of his oath of office to do what is constitutional, as opposed to what’s momentarily convenient, albeit incomprehensible.
Keep this destructive Biden agenda in mind when you head to the polls November 8.
Paul Driessen is a lawyer, senior policy advisor for the Committee For A Constructive Tomorrow (www.CFACT.org), and author of books and articles on energy, environmental, legal and human rights issues.
I would consider this malice, not incompetence. Germany’s Energiewende was already proven to be a failure even before the 2020 election, so the Green New Deal was malevolent, not negligent. The advocates knew it would fail.
Unfortunately, for Europe, it may be too late as winter is fast approaching. Their so-called elites and leaders have entrapped them in hell at least in the short term. Of course, their “elites and leaders” will not suffer, Disgraceful!
West Virginia vs. EPA only withdraws the specific regulation in the suit.
If another regulation appears to be a violation of the standard established by the court in West Virginia vs. EPA someone with standing as to file suit and have a lower court apply that standard.
It will take multiple rulings against the bureaucracy before the standard is widely accepted & applied because until it is applied more than once it is only a single case ruling, not actually a standard.
That is how things work, and why many of us thought the jubilation over West Virginia vs. EPA was excessive.
Progressives only care about rules and laws when it is convenient for them and their agendas.
This Supreme Court ruling should be used to stop the continued reduction in vehicle emissions requirements that do nothing to improve air quality. Current emissions standards are so strict that in Los Angeles and other major cities, the exhaust emissions are cleaner than the ambient air quality. Lowering the emissions requirements further does nothing to improve air quality but increases vehicle costs and reduces fuel economy.
This is just a roundabout attempt to legislate cars out of existance so that only EV’s can meet emissions standards even though they are actually Remote Pollution Devices.
All planned and in the works for decades, if not the last century. Biden is a malleable puppet just like Obama who’s only tasks are to read teleprompters without diverging, keep his mouth shut in public, and control Hunter. All of which he’s failed at. The fact that the 2020 election hasn’t been contested in court with all the available evidence attests to the success of the Marxists in controlling the country …. so far.
There appears to be something less than half a plan being pursued – the shutdown fossil fuel portion. There appears to be no plan to assure that there is a functioning replacement for fossil fuel generation. It is far easier to reduce fossil fuel generation than it is to replace it with reliable renewable plus storage infrastructure. The Administration appears to be relying upon
I tend to look at the silver lining inside the Biden Administrations very dark clouds. Everything they do has been a disaster. Afghan withdrawal, open southern border, doubled gas prices, 40 year high food inflation, now recession (2 consecutive quarters of declining GDP). And so much very visible arrogant gross over reach. Biden’s Moloch speech, Granholm EVs, vaccine mandates, school parent ‘terrorists’ for opposing CRT and trans grooming, MaL raid based on over broad bogus pretext search warrant, ignoring 18USC§2507 (intimidation of SCOTUS justices), and so much more.
What is coming as a result is a red tsunami on Nov. 8. The Dems won’t recover for a decade, given all the damage they have inflicted in less than 2 years.
Off topic but I am having trouble posting on Chrome, Firefox and Brave since on each of them I see very weird small squares and symbols and when I do write something I always get the message “Input too short”. I think some others were having problems as well. Anyone figured out why?
The FBI is more likely to raid the SCOTUS judges than to assist in anything going against the Ds.
No elected or regulatory official should have the power to do the damage that has been done with the flick of a pen. Such far reaching mandates should only be done through a public referendum.
Rick Glick being a plick…
Here in the US, The Constitution is pretty clear that nothing is a “Law” unless it is passed by Congress. The Executive Branch is to enforce said “Law’. SCOTUS is to decide if said “Law” is in line with The Constitution, The Bill of Rights and the other Amendments.
That set up has been abused. The Executive Branch, in general, does have NOT have the authority to set up Bureaucracies that can issue regulations that have the effect of “Law”.
(Executive Orders are for EMGENCIES when Congress doesn’t have time to convene and act. They are NOT to be used to circumvent Congress. Long past the time to cancel the “emergencies” that have been used as an excuse for Executive Orders.)
If the “Cause” is to drive people to depend on those who control Government to take care of you, Brandon’s handlers are doing a “good” job.
Richard Glick was “the head lobbyist for energy firm Avangrid” an energy services and delivery company that “supports the adoption of electric vehicles” that “installed electric vehicle charging stations at several of its facilities” and held an “electric vehicle fair” for its employees, “with the goal being to make it so that all employees can purchase electric vehicles if they chose to” (via Wiki).
I don’t understand how anyone so compromised can properly or legally be appointed to such a position but it seems propriety or legality doesn’t come in to it under the Biden regime.
There is only one way to get these morons’ attention, we need to instal smart meters on every cabinet level office building, the Whitehouse, the House and Senate buildings. Every citizen would text everyday which offices should have power that day. That should save enough energy for those deplorables to charge their EVs.
Why a 6-3 decision? It should have been 9-0 if all of our justices had an objective understanding of the Constitution. I don’t even understand why we have Kagan, Breyer, and Sotomayor on the bench. I have no formal legal training yet, I can tell you with 100% accuracy which way those three will vote on any and every subject placed before them. They could be entirely replaced with a simple placard that says, “I vote for whatever the democrats want.”
65 days.
And he has the audacity to accuse those who would like to see the US returned to the Post-War supremacy once enjoyed by Americans as being “semi-Fascists.” All of his Executive Orders are evidence he views himself as being above the legislative and judiciary branches, which is the definition of Fascism.
“The wealthy will buy expensive electric cars that will be charged with pricey, intermittent, weather-dependent wind and solar power.”
Hahahaha! Not these days, at least, not in California.
“We can only hope he ultimately musters the courage, common sense and recognition of his oath of office to do what is constitutional, as opposed to what’s momentarily convenient, albeit incomprehensible” Not a chance! Too many other harmful dynamics at work here that are part of a larger plan.
“Chairman Glick’s past comments show he already understands this. If he pushes his pipeline rule now on climate grounds, it will spell trouble – for American families, and for our Constitution, judicial system, regulatory state, respect for the rule of law, and survival as a united nation.”
No one in the Biden administration cares about the American people, or the Constitution, or our Institution etc. In fact, their goals are to destroy all of these and our nation for power, fun and profit.
If in any doubt, look who Biden put in charge of the spending for the insane Inflation Reduction Act climate change spending.
Biden’s revamp: John Podesta now in charge of climate spending
President Joe Biden is revamping his climate change team. Longtime Democratic adviser John Podesta has been asked to spearhead climate strategy.
Podesta’s newly created role as senior adviser to the president for “Clean Energy Innovation and Implementation” entails overseeing $370 billion for climate and energy-related investments, which was signed off on in the Inflation Reduction Act…
.https://bit.ly/3eooliK
Biden’s adm. is not working for America but for their old pals and former foreign bosses.
Judicial Watch Obtains Emails Showing Podesta Group’s Work for Pro-Russia Ukrainian Political Party
https://bit.ly/3PevUWB
8/5/22
More than a dozen high-ranking members of the Biden administration previously worked as registered foreign agents, according to a new report obtained exclusively by The Federalist. The report was published by the Biden administration watchdog “Inside Biden’s Basement,” itself a project of the nonprofit Transparency Action Fund.
Titled, “Foreign Agents Lurking Inside Biden’s Basement,” the group’s new report outlines the networks of at least 13 officials under President Joe Biden who were once paid to represent foreign interests and registered under the Foreign Agents Registration Act (FARA). Their prior clients range from Iran and Kazakhstan to Canada and Mexico.
…Those efforts, however, highlighted how deeply entrenched foreign interests are in Washington, D.C., also ensnaring Tony Podesta, a top Democrat lobbyist and the brother of Clinton campaign chairman John Podesta. Manafort, Tony Podesta, and Rick Gates failed to disclose their lobbying efforts on behalf of interests connected to former Ukrainian president Viktor Yanukovych. While the media focuses heavily on the very real problems of foreign influence among certain Trump associates, far less attention is paid to the damning connections shared by Biden officials.
“…Attorney General Merrick Garland, the most senior of those listed, represented five international clients including the Union Nacional de Productores de Hortalizas in Mexico; the Government of Brazil; VIASA, previously known as Venezuelan International Airways; the International Commodities Clearing House, Ltd. in the United Kingdom; and the International Telecommunications Satellite Organization (INTELSAT).
…While the report names 13 officials who were registered foreign agents before their tenure in the administration, the report is not exhaustive. The administration is actively working to conceal the identities of presidential appointees more than 18 months into Biden’s first term.
Last month, a separate conservative legal group, America First Legal (AFL), launched a litigation blitz to unearth the names, titles, positions, resumes, salaries, ethics pledges, waivers, and agreements of all appointees under Biden.
In an interview with The Federalist at the time, AFL Vice President and General Counsel Gene Hamilton compared the effort to compile records of administration officials to ProPublica’s “Trump Town” database, which made the same information of nearly 4,000 presidential appointees publicly accessible.
“People, you know, highlighted it and used it to try to write stuff up about people who were trying earnestly to execute President Trump’s agenda,” Hamilton said. “Well, the same has not really been true for the Biden administration…
iow:This empty headed puppet is ‘Doing a Sri Lanka‘ to the US
as also Germany is having its Sri Lanka moment right now and the UK’s is coming up fast
And how Brandon imagines that spending (Read= Giving away) all that money is so funny that it’s Not Funny. It is immensely worrying.
……..even the people running charities and doing ‘Good Works’ in Victorian England knew much better than that yet still did succeed in doing ‘Good Work’
Who actually is in control there – any clues?
Climate is the shovel with which the west is burying itself.
It’s a bit late now Boris-
‘Brutal honesty’: Boris Johnson admits UK ‘dropped the ball’ on nuclear power (msn.com)