Critics Fear The EPA Is Trying To Circumvent Major Supreme Court Ruling

ginaThe Environmental Protection Agency (EPA) said it’s respecting a recent Supreme Court ruling halting the implementation of the agency’s key global warming regulation, but the agency’s top official is sending a different message to states.

On the one hand, the EPA said it would support the Supreme Court’s issuing of a stay on the so-called Clean Power Plan (CPP) — a rule forcing states to cut carbon dioxide emissions from power plants.

On the other hand, the agency is telling states it will offer assistance to them if they want to “voluntarily”comply with the rule.

“Are we going to respect the decision of the Supreme Court? You bet, of course we are,” EPA Administrator Gina McCarthy told utility executives last week. “But it doesn’t mean it’s the only thing we’re working on and it doesn’t mean we won’t continue to support any state that voluntarily wants to move forward.”

Do McCarthy’s remarks signal the EPA is trying to find ways to get around the Supreme Court’s ruling against the agency? That’s what concerns experts at the free market Competitive Enterprise Institute (CEI).

“It’s definitely worth monitoring—and investigating,” Marlo Lewis, a CEI senior fellow, told The Daily Caller News Foundation. Lewis pointed out the EPA may be trying to circumvent the Supreme Court’s stay.

“I mean, if communications between EPA and its state counterparts vis-à-vis the Clean Power Plan continue as if nothing has changed, then wouldn’t that be an end-run around the Court?” Lewis said.

The Supreme Court issued a stay against the CPP Feb. 9, reversing the decision of a lower court not to halt implementation of the rule. The high court’s ruling was seen as a major blow to President Barack Obama’s global warming agenda.

EPA said it was disappointed with the ruling, but promised to respect the court’s decision and not implement the rule. But in the days following the decision, top EPA officials began making remarks that seemed to hint the agency was encouraging states to go ahead and cut emissions anyways.

“Congress should invite McCarthy to testify and explain what types of communications and coordination with state counterparts she has suspended and/or prohibited pending final resolution of CPP litigation on the merits,” Lewis said.

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McCarthy told utility executives the agency would support states wanting to “move forward” in cutting carbon dioxide emissions. Likewise, the head of EPA’s air and radiation office, Janet McCabe, has also suggested the rule will eventually be upheld — despite it being in legal limbo.

“EPA utility rules have been stayed twice before, and ultimately upheld,” McCabe said while participating in a panel discussion in Bloomington, Indiana last week. “It’s only smart for states to keep working on this.”

“We stand ready at EPA to help any state that wants to move forward with their planning activities,” McCabe said, noting that some states pledged to cut CO2 after the Supreme Court stayed the CPP.

McCabe is referring to an agreement signed by 17 states in the aftermath of the Supreme Court decision pledging to push forward with green energy projects. The agreement, signed mostly by Democratic governors, looks to promote cooperation between states in promoting green energy, but the agreement makes no mention of global warming.

One of the agreement’s signatories, Michigan Republican Gov. Rick Snyder, is actually suing the EPA over the CPP and has prohibited state officials from working to implement the rule. Michigan is one of 29 states and state agencies suing the EPA to roll back the CPP.

“The Obama administration’s Environmental Protection Agency has once again been stopped from an attempt to push beyond its constitutional powers,” Michigan Attorney General Bill Schuette said about the high court ruling. “The EPA continues to show that they don’t take the real world into account when they make sweeping rules that change daily life for average Americans.”

The EPA disagreed that it was working to undermine the Supreme Court’s stay, and restated its belief the CPP will be upheld by the courts.

“Implementation and enforcement are on hold while the stay is in place,” an EPA spokeswoman told TheDCNF. “For example, states are not required to make initial submittals on September 6, 2016.”

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Comments (13)

  • Avatar

    Amber

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    The EPA takes it’s orders from the grant seeking green lobby groups . Any State that
    that “wants to move forward ” means the EPA is condoning a breach of the law and any State that does it is being encouraged by the EPA to do so . Enabling a crime or breach of the law is an offence and the EPA while talking out of both sides of it’s mouth makes it obvious they are giving the middle finger to the court ruling .

    The EPA mandate needs to be revisited and their cash dispensing unit to green lobby groups needs to be shut down.

    What other government agency pays lobbyists to work against the interest of the
    of the citizens ?

    The EPA chaffs at government oversight,
    is poorly managed, employing phantom senior management who have disappeared from work for six months
    without a peep .

    Reply

  • Avatar

    Amber

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    Not surprising they don’t want to even utter the words global warming anymore for fear of looking like bigger con artists in the face of
    the alleged 97% of scientists and their scientific bodies that completely blew missing massive flaws in their model assumptions .
    The whole scam was based on poorly designed and grossly inaccurate mathematic
    models . If 97% of the scientists agreed to it as alleged it proves they are idiots and not to be trusted .

    The truth is a fraction of one percent of climate scientists actually contributed to the
    IPCC studies over seen by a sex poodle .

    Reply

  • Avatar

    JayPee

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    Why is it that the EPA constantly seeks circumvent the law rather than follow it ?
    To subvert justice rather than dispense it?

    This is O’Bama’s legacy : The perversion of American law through the power of administration to work against the American people and their welfare rather than promote unity and harmony.

    He could have been the Great Unifier.

    He IS the Great Divider.

    Reply

  • Avatar

    Me

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    And hey, did anyone notice about the flint situ, ya know what I was talking about a couple weeks ago? Ya know what it took me so say in like 20 err 40 post like some one was saying! Naaaaaa ya didn’t. I just wanted someone to discuss it with and put it out in small peices, and no one wanted to. Well it’s there now, will anyone listen, Probably not, but someone did! 😉

    Reply

  • Avatar

    Me

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    And I’m not gloating about that, because people were harmed, but sometimes people don’t want to listen to what is happening. They constantly hear it from them bullshitters on a daily basis with this climate change crap that they are dull to real problems. I’m not saying it would have helped them, but it’s late for that now. Too late, and how many other townships out there that are in the same boat? If you just think this is only limited to flint, then guess again!

    Reply

  • Avatar

    Me

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    It’s funny the EPA went after lead in ammo, right, you know for their reasons of it is toxic, but left it in the ground that the universal solvent flows trough. Another funny thing is Ammo in the lead form is designed to do what is was intended to do, but apparently not in the pipe form that the universal solvent flows trough, then it’s a different method with corrosion control?

    Reply

  • Avatar

    Me

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    And remember what I said about the Langelier Saturation Index, and what we can control? Remember that?

    Reply

  • Avatar

    Me

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    Na, that is just old chemistry, Nothing new, move alobg, nothing to see here!

    Reply

  • Avatar

    Me

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    But hey, I ‘m apparently not qualified anymore here, because reasons that some college or university didn’t tell me what I needed to know, errr apparently? err somethang!

    Reply

  • Avatar

    Me

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    Well good luck I guess, we are going to pay one way or another. And with the low price on oil and the transpotration cost that everyone claimes is the reason for the high prices we pay, it makes you wonder? This low oil price has been going on for almost a year now, so if they are honest then the price of food should drop, the price of everything should drop, ya know because of the line we have been feer since forever! But it won’t becauae of THE GREEN DREAM. But is should and now it is in their face!

    Reply

  • Avatar

    Me

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    And maybe someone should ask Gator what I mean? He has some insites on the things going on!

    Reply

  • Avatar

    Me

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    Financially I mean, with banks and stuff, that he never mention before that I can recall?

    Reply

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