EPA’s brief is here. My quick summary of the agency’s argument on appeal is: 1) You can’t sue us; and 2) Even if you could, we can do whatever we want. While that is the standard government agency defense, I doubt that Congress intended for EPA to rig mandatory peer review.
2023.03.31 Young v. EPA Appellee Brief

Making the EPA a separate agency was one of the more malign things Nixon ever did. That gives them a “special prosecutor” mindset, where nothing can ever be good enough, and there cannot be higher priorities.
The Endangerment Finding is the fraudulent foundation of the Green New Deal … https://www.youtube.com/watch?v=W9iF_b9wU3Q
OK, the tone of the Agencies of each Administration swing to the left and the right with each general election. But here is the problem: the Democrats swing very far to the left (look at WOKE nonsense, including mutilating children without their parents consent, Global Warming, “Green Energy”, etc) but the Republicans only correct a little. If the Republicans gain the White House and both parts of Congress, this coming general election, they should drain the swamp, clean house, and charge those responsible for fraud and corruption (like: where did the missing $636 million for private schools in the Covid Relief Act, end up?). Only one candidate can do that in the USA, and there is a concentrated effort underway to compromise him. This coming General Election may be an actual Tipping Point. Have to wait for it.
Climate change is wrecking my arti-farti-intelligence !
Q: When is forthcoming Easter ?
ChatGPT: Easter is a moveable holiday, meaning that its date changes every year. In 2023, Easter Sunday will fall on April 16th.
Bard: Easter 2023 will be celebrated on April 17th. It is a movable feast that falls on the first Sunday after the first full moon after the vernal equinox.
There you have it.
`There’s no voting your way out of this. There’s a reason the federal agencies are all located in the DC area, both the Republican and Democratic government gangs are reluctant to move their troops to the hinterland. Historically, every government and its leadership has felt that their rule would last indefinitely because they had found the “best way”. All of them are now extinct. Making life for the plebs more complex and expensive, the goal of the bureaucrats and rent seekers, eventually reaches the point where compliance ends. It’s described well by Joseph Tainter in his book ‘The “Collapse of Complex Societies”.
I see a lot of good points made here. I remember the sixties and seventies. Studied Con law in the late 70s too. So yes good points and counter points by Duane and others. But here is the problem that trumps it all: we have reached a level of corruption in government now( especially the critical agencies like Justice Dept , Home land sec , local judicial democratic strong holds etc) that the checks and balances designed into the system are not functioning anymore. And worst of all about half the citizens of the US are either ignorant of the extent of the corruption or or even more horrific is they actually appear to support it.
“we can do whatever we want”
Seems the unpublished motto of the goons running the equivalent in England – The Environment Agency
see:
http://avoncliffmills.blogspot.com/2023/03/in-2009-we-applied-for-2-water-licenses.html
Slightly off-topic: Did EPA ever pay $1.2 billion for poisoning Animas river in 2015?
“Oral Argument Not Scheduled”
Gosh.
I think that’s exactly the problem.
The EPA and their corrupt, incompetent, malign Political Masters have been refusing to debate the “Settled Science” for a Generation.
Since the early 1990s, EPA has been at the heart of de-industrializing the USA. I read an article recently that there is a shortage of medical nitroglycerine (NG) because key ingredients are from China. The last time I checked NG is manufactured from concentrated nitric and sulfuric acids and glycerine (glycerol). I find it difficult to believe that we do not produce these in the USA unless there is a regulatory reason.
Do not try to make this at home!
I am sure many have noticed the increased price of lead-acid batteries over the last few years. The USA no longer has a large lead smelting operation. I am sure that some EPA ruling is at the heart of this. There is a lot of lead remaining in Missouri. Lead is not evil.