As other opponents of the climate scam have done, I eagerly await the Trump administration’s end of the Environmental Protection Agency’s so-called Danger Discovery (EF). [emphasis, links added]
I thought the reversal would be done in at least a year and could be achieved through the traditional notification and public publicity process.
But things may become more exciting and faster.
There are some short history. EF was the December 2009 Obama EPA decision that greenhouse gas emissions could harm public health and welfare.
EF has been the factual and scientific basis for almost all climate activities of the federal government since then.
The combination of Clinton EPA, Bush EPA’s clumsy strategy and judicial activism made EF possible, leading to the Supreme Court’s ruling in Massachusetts v. EPA in 2007.
The court ruled that under the Clean Air Act, the EPA may but does not require norms of greenhouse gases. This decision has been controversial because Congress has never authorized the EPA to regulate greenhouse gases.
Legendary Rep. John Dingle (D-Mich).
Dingle said they never expected the court to be so “stupid” that they could not imagine it. But that's so we're here.
Before the Trump administration’s approach to shrinking the administration’s shock and deliberations began, my colleagues and I believed that through the heavy Administrative Procedure Act, the Obama administration would have EF more or less enacted in the same way as the Obama administration had enacted.
There will be a proposal seeking public comments published in the Federal Register, forcing consideration of possible hundreds of thousands of public comments, final decisions, and then years of litigation, with uncertain results.
But all this has changed now.
On April 9, President Donald Trump issued an executive order “instructing the repeal of illegal regulations”, directing agencies to propose a list of a series of regulations that have been based on a recent Supreme Court ruling.
Certain illegal regulations determined by the Trump administration will be terminated without the notification process of the Administrative Procedure Act.
The reasons are: (1) the regulations are illegal under the Supreme Court's ruling; (2) they are no longer surgery; (3) it is said that termination of them does not require any appropriate procedures.
One of the most recent Supreme Court rulings listed in the Executive Order is West Virginia v. EPA in 2022. In this case, the court ruled that Obama's EPA's 2015 Clean Energy Plan was a satirical descendant of the EF and was unconstitutional.
Under the newly adopted “main issue doctrine” by the court, important regulatory agencies plan requires clear congressional mandates.
The court held that the clean energy program was a “main issue” lacking Congressional mandate and therefore invalidated.
It seems that the Trump administration intends to have the same fate as EF.
Axiomically, the regulation of greenhouse gas emissions from fossil fuel combustion is a “main issue” and Congress has never explicitly granted EPA the power to regulate greenhouse gases.
Therefore, EF's violation of West Virginia v. EPA is illegal and can be cancelled immediately. It's as simple as that.
The beauty of this approach goes beyond quick termination. There will be lawsuits for whether EF is terminated quickly or slowly.
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