DC Circuit Accepts Energy Policy Advocates’ Amicus Brief re “Biden’s Back Door Climate Plan”


Readers may recall the March 17, 2021 WSJ editorial nicely summarizing a February 2021 amicus brief filed on behalf of Energy Policy Advocates in State of New York v. EPA. That is the progressive AGs’ effort to orchestrate a sue-and-settle to impose stronger ozone standards as a means of forcing GHG reductions. (It is fair to view that move as the Patient Zero of what has emerged as a broader back-door approach to get around Congress having never provided EPA the authority to impose the GHG/climate agenda; EPA Administrator Regan described it as a “suite of rules” to force plant closures because climate.).

GovOversight wrote about the filing here.

The DC Circuit today granted Energy Policy Advocates’ late-February 2021 motion to file the brief (Joe Goffman’s Air Office at USEPA had dragged out the proceeding, insisting for 2 3/4 years that it just didn’t know what it ought to do: retain the Trump decision to not tighten ozone regs or sigh and shrug, more in sorrow than anger of course, and conclude that the AGs and Goffman—the parties having consulted with Goffman on this very project prior to his rejoining EPA, which Goffman did not disclose in his ethics onboarding process—were right all along).

The Court’s order instructing the clerk to enter Energy Policy Advocates’s brief allows the group’s findings to be entered as filed and in their own right rather than forced into combination with other amici’s comments.

This is particularly timely, as the House Oversight Committee has begun probing the Biden EPA’s renewal of sue-and-settle.

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Ron Long
November 18, 2023 2:12 am

While I have no confidence in the DC Circuit to adhere to any Constitutional framework, the order to allow the Amicus Curiae brief is a small movement in the right direction. It was Jimmy Carter who weaponized the EPA, along with the BLM and other federal agencies. Right now, the only effective candidate to return to correct, and limited, regulatory oversight, is the Second Coming of Donald Trump. Wait for it.

Gregory Woods
Reply to  Ron Long
November 18, 2023 7:36 am

Trumpie missed it the fist time around. And I don’t think he has wised up in the meantime.

Gregory Woods
Reply to  Gregory Woods
November 18, 2023 7:46 am

‘first’ or ‘fist’?

Reply to  Gregory Woods
November 18, 2023 11:16 am

Sure. Like he had nothing else to do.

More Soylent Green!
Reply to  Ron Long
November 18, 2023 11:48 am

I see no reason to believe Trump will do any better the second time around. He looks like the same old Trump to me; maybe angrier.

Trump failed to make allies and build coalitions, he never got a handle on the swamp or even his own appointees. He picks fights for for strategic reasons and spends too much time and energy wrestling in the mud.

Still, I will vote for Trump over any democrat. I do not believe the fate of this country lies with one man. He’ll be a lame duck the day he takes office.

November 18, 2023 3:05 am

O/T but nonetheless related

Climate anxiety”, and the more acute “climate trauma” and “climate grief” are phrases that, as Dr Sarah Lowe, a psychologist researching climate and mental health at Yale University, explains, encapsulate our varied emotional and cognitive reactions to a rapidly changing environment.

Amid this overwhelming anxiety, the question is: how can we transform our apprehensions into actionable solutions?

Enter collective action. Lowe’s own studies indicate that working with others towards productive ecological goals channels our concerns constructively and is also therapeutic. “What we found was that climate change anxiety was associated with higher depression symptoms only for those students who were not engaged in collective action.

Sounds like a call to activism to me.

Peta of Newark
Reply to  strativarius
November 18, 2023 5:44 am

What a perfectly vacant woman – all she’s done discover kids like to have parties (social get togethers) and ‘have fun’
It is at the very root of Music Festivals, parties, clubs, dancing etc etc etc

The problem nowadays for the kids that puritanical depressives and worriers have, over the last 30 years, relentlessly destroyed that culture.
The puritans are worried that someone ‘may have a Good Time’ at a festival or event and the worriers that the kids will somehow ‘hurt themselves’.
Hence costs for organisers and attendees have simply skyrocketed

And the very people who are = ‘puritans & worriers’ are the very same people leading the climate charge
It is ***you*** hun who has destroyed the youth of the UK/US and most other western nations

Such are the joys of the interweb, I followed a few interesting links on that page and found this:

A psychologist/therapist/nurse who helps people though the last few days and weeks ‘on this Earth’ recounting what those dying folks confide in her.

And is is exactly the story of the kids wanting to ‘explore and have fun’.
Yet here is that Lowe woman and others in her consensus putting the brakes that.
Then 50, 60 and 70 years later on their deathbeds, the kids are lamenting what you did to them. They weren’t allowed to discover themselves.
Why: because they find find something bad/evil and or hurt themselves/each other.

(WTF goes on inside the head of any Puritan to be projecting that sort of shit)

But is is totally about The Consensus.
Bright young things now, = eager members of The Consensus, are not ‘doing their own thing’

quote from the link: In their last days, many of her patients shared with her their regrets. The most common answer, according to Ware, was: “I wish I had the courage to live a life true to myself, not the life others expected of me.

Consensus Members do pay attention, what you’re doing now (based on science which none of you can explain and that you know is junk) is gonna come back and haunt you.

Reply to  Peta of Newark
November 18, 2023 6:48 am

My guess is Lowe et al have had a conscience by-pass

Gregory Woods
Reply to  strativarius
November 18, 2023 7:49 am

More likely a neuron by-pass.

Reply to  Peta of Newark
November 18, 2023 7:26 pm

 “I wish I had the courage to live a life true to myself, not the life others expected of me.”

That’s a very profound quote. Thanks.

November 18, 2023 4:34 am

Story tip:#

China’s transition to EVs is so fast that Volkswagen is on track for its worst local sales in years

Reply to  MyUsername
November 18, 2023 5:27 am

Why bother buying an EV when there are plenty going spare?

Reply to  PariahDog
November 18, 2023 6:56 am

Nice article.

Really short on current “facts” but batteries just sitting around not getting used is not the best thing for them. SO even if these vehicles eventually got back into service, their battery life would be down by a couple of years.

Also, since this is something NEGATIVE about China and EVs, no one is spending any money to fund the research into the situation, and apparently no “western” news agency is checking up ion all this either. It wouldn’t fit their narrative.

Reply to  MyUsername
November 18, 2023 8:28 pm

This is not an attempt to refute your article. I am only suggesting that any report out of China must be taken with a huge grain of salt. The first article below was written one week ago; the second, five days ago.

Tesla To Increase EV Prices In China After Seeing Improved Sales In October: ReportStory by Mark Kane  • 

Tesla slashes prices in China, other Asian markets as sales stumble – Reuters.comBy Brandon Martin –   November 13, 2023

The truth frequently loses its way in that country.

November 18, 2023 5:06 am

And people pretend there isn’t a swamp in DC.

The EPA is so infested with do gooders willing to break the law to advance their version of the future, the country’s best chance to enforce the actual laws as written would start with creating a new EPA, filling it with non-partisan employees, running it according to actual laws, and laying off everyone from the old EPA.

Reply to  vboring
November 18, 2023 7:05 am

The EPA is no longer needed. Let the states police their own industries. Don’t allow one state to interfere with another states industries.

Eliminate CAFE standards, EV subsidies, “unreliable” electrical generation subsidies, etc. to create an even playing field for “energy” sources and then let the market decide.

Eliminating CAFE standards and EV subsidies would drop the average price of a ICE vehicle by over 10% and increase the average price of EV by 50% or more, ending the EV gambit. Then poor or lower middle class people could drive safe sound cars with good performance and range. Automakers will still strive to improve fuel efficiency BUT there is only so much you can get out of a gallon of gas or diesel. Hybrids will still be the “best of both worlds” for daily drivers.

Reply to  vboring
November 18, 2023 10:12 am

The EPAs main conference room is named the Rachel Carson Conference Room. They honor junk science and always have if it fits their agenda.

November 18, 2023 5:39 am

Joke Biden and his demrat party want to take over government and run it like a dictator….gotta save the planet from evil climate change…see? What a poisonous atmosphere these demrat extremists are creating!

Reply to  antigtiff
November 18, 2023 6:23 am

Presidents should only have one term, maybe 6 years. There is too much media and not enough fact-checking compared to when the Constitution was written.

Reply to  scvblwxq
November 24, 2023 8:18 pm

Maybe 6 minutes. Let them campaign for two years for an office held so briefly that they only have time to issue one or two utterly over-reaching and unconstitutional executive orders, and only start one or two wars.

In the same light, I struggle to understand why Republicans are so consistently concerned about the government shutting down when it runs out of money. The government ran out of money 8 months into the second Bush administration.

Reply to  antigtiff
November 24, 2023 8:13 pm

“…want to…” ? In no way is this a future ambition. Every twenty minutes the Houseplant Administration announces another college tuition loan forgiveness program; which is to say, the Judicial Branch of the United States government is now irrelevant.

November 19, 2023 9:41 am

These leftists are so dishonest. They are they same ones who cry about democracy being under attack, yet undermine it at every opportunity.

Reply to  Mantis
November 24, 2023 8:19 pm

What FISA court?

Jeff Alberts
November 20, 2023 7:25 pm

Hey “Energy Policy Advoctates”. Why not change your name to Advocates for Energy Policy, instead of purposefully confusing every article with an acronym that’s already well known. Can’t take you seriously.

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