Saturday, March 23, 2013

Feds Control Over CO2 Challenged in Court

by Bob Unruh

The U.S. Supreme Court is being asked to review a case that alleges the Environmental Protection Agency broke the rules in 2009 to describe carbon dioxide, which is essential for life, as a danger and through rules and regulations take control of the nation’s economy.
It is this claim, that CO2 poses a health threat, that is the foundation for most of the “green” energy projects today, the alternative wind, solar and battery projects, the increasing mileage requirements for vehicles and the billions of dollars in government spending that has been designated for this issue.
Attorneys with the Pacific Legal Foundation have asked the justices to accept the case for review, arguing that the agency adopted the new standard describing CO2 as a danger without allow the decision to undergo a mandatory review by scientists expert on the question.
“Because carbon dioxide is everywhere, the Endangerment Finding empowers EPA to regulate the nation’s physical, economic and social infrastructure,” the pleading explains. “It bears repeating: This court in Massachusetts v. EPA, which also involved carbon dioxide, determined that the writ of certiorari should be granted because of ‘the unusual importance of the underlying issue.’
“If ever there were an issue of exceptional importance to the nation, it is to be found in the Endangerment Finding. The possibility that a finding of such great moment was made illegally provides ample justification for granting the writ.”
“We are asking the Supreme Court to hear this case because EPA cannot be allowed to place itself above the law,” said PLF Staff Attorney Ted Hadzi-Antich. “In issuing its CO2 finding, EPA illegally shielded its work product from peer review. That’s unacceptable as a matter of science, impermissible as a matter of law – and should be downright offensive for anyone concerned about openness, accountability, and integrity in the public sector.”
The dispute is over the EPA’s announcement in December 2009 that carbon dioxide emissions from automobiles pose a danger to public health. With that announcement, the Clean Air Act kicked in, and required the EPA to create regulations that control the emissions.
However, before those rules are allowed, the Clean Air Act itself “requires that such regulations must first be submitted to EPA’s Science Advisory Board…”
That, the foundation explains, never was done, even though it was mandatory.
That means the nation’s rules and regulations concern CO2 emissions could very well be illegitimate.

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