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Wednesday, August 22, 2012

The Executive Branch Is Not Omnipotent

The sooner Obama and his henchmen at the EPA gain that understanding the less time We the People have to spend in court trying to drive the point into their thick skulls.

The latest effort to do just that:
Court slaps down EPA on coal plant rule
By Ben Wolfgang, Washington Times

A federal appeals court dealt a major blow to environmentalists and a significant setback to the Obama administration’s clear-air agenda Tuesday by striking down a key Environmental Protection Agency rule limiting power-plant emissions.

The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 that the agency’s Cross-State Air Pollution Rule, meant to curb harmful pollutants from drifting downwind and harming the air quality in neighboring states, went too far and exceeded the EPA’s “statutory authority.”

In its ruling, the majority wrote that it was not passing wisdom or judgment on the merits of the EPA’s rule, but it made clear that it must stay within the scope of the power that Congress gave the agency.

“Our limited but important role is to independently ensure that the agency stays within the boundaries Congress has set. EPA did not do so here,” reads a portion of the majority opinion.

While all plants were subject to the act, the practical effect was another burden for coal-fired facilities, which generate more than 40 percent of the nation’s electricity.

“This fits in with the larger pattern of EPA pushing the law to the outer limits, breaking the law and crushing our economy,” said Virginia Attorney General Kenneth T. Cuccinelli II. “We are pleased and gratified to see another example of EPA’s egregious regulatory overreach has been stopped before it could do more harm.”

Mr. Cuccinelli echoed the thoughts of many other Republicans and energy industry analysts, who say EPA actions, such as the Cross State rule, could force coal plants to close rather than pay the millions of dollars necessary to comply with Obama administration guidelines.

“When the EPA takes liberties with its legal authority, the result is higher prices for consumers, businesses, schools and hospitals,” the Electric Reliability Coordinating Council, which represents utilities and energy companies, said in a statement. “At a time of economic recession, the country cannot afford sloppy rule making of this sort.” [link]
The EPA did not have the authority to impose its guidelines on America's coal-fired power plants.

Obama is going to have to figure out a different way to bankrupt the operators thereof.

In the few months he has remaining in office ...