Challengers To Obama’s Global Warming Plan Are Probably Doomed

dc-circuit-court-of-appealsThe U.S. Court of Appeals for the D.C. Circuit heard oral arguments in West Virginia v. Environmental Protection Agency, the challenge to President Obama’s signature global warming agenda called the Clean Power Plan.

The challengers did not fare well before the 10 judge panel, where Democrat-appointees hold a 6-judge majority.

CPP sets specific carbon-deduction targets for each state based on the amount of carbon dioxide they emit in the course of generating electricity. The EPA gave the states some flexibility in deciding how to achieve emissions. They could elect to have the power grid bear the lion’s share of reduction responsibilities, or triage the effort by capping power plant emissions and encouraging development of renewables and incentivizing other market-based forms of carbon reduction.

Ultimately, EPA hopes the Plan will cut carbon emissions by nearly a 30 over the next decade, as compared to 2005 levels. The Plan is essential to the Paris climate accord. The U.S.’s agreement to pursue dramatic reductions strengthens the convention’s credibility. Without robust American commitment, the accord’s success elsewhere could wane.

The arguments ran a six-hour gauntlet of meandering arcana typical of student government meetings. The hearing was divided into several segments for specific topics — and a lunch break for spent advocates and enterprising members of the judicial press.

Perhaps the most remarkable moment of the marathon slog came when Eric Hostetler, the U.S. Department of Justice lawyer representing the EPA, conceded that nothing in the CPP would prevent the agency from setting a standard of zero carbon emissions for the states. The stunning admission came as three Republican appointees on the panel, Judges Brett Kavanaugh, Janice Rogers Brown, and Thomas Griffith, staged a tripartite probe as to what the EPA’s position portends for separation of powers. Hostetler’s flairs of exasperation, and even anger, made tense the usually decorous courtroom.

Nor did the EPA’s Hostetler escape the scrutiny of Judges Sri Srinivasan and Patricia Millett, both of whom are Obama-appointees to the D.C. Circuit. Though neither signaled they were prepared to side with the court’s GOP appointees, they did participate in extended speculation as to whether Congress had made an explicit delegation of authority to EPA, a key point upon which this case turns.

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    The USA judges are in a unique spot to avoid the debacle before it happens as is currently occurring in Europe . A major climb down from ridiculous green wash policies that have resulted in tens of thousands of fuel poverty deaths , uncompetitive businesses and grossly over charging consumers with feed in tariffs to try and hide the rip off cost of energy paid to “renewable ” firms . Mostwho would not exist without $$billions in tax payer charity .
    Ontario is the poster girl of screwed up energy policy masked as green . Buying power from “renewables ” at 11cents per KW they don’t even need and then dumping it at 2 cents per KW . . Demand dropped by 6.5 % in ten years as industry continues to leave and capacity went up 25 % . Electricity prices are up over 60 % in ten years and they weren’t cheap before .
    Why would the USA knowingly be another green masked gremlin running off a cliff with the other fools ? Do the right thing judges because there is no excuse for not
    knowing . 30,000 fuel poverty deaths per year caused by green wash policies that enrich a few and do absolutely nothing to alter the earth’s thermostat .
    This may be one example where Congress not working turns out good .
    This will be one if not the biggest decisions these Judges make .

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