Do global warmers care that the Clean Power Plan is illegal? Or is global warming too much of a threat for them to worry about legal nicety?
As it appears in the U.S. Code, CAA §111(d)(1)(A) puts two kinds of pollutants off limits to ESPS regulation: pollutants already regulated under the NAAQS program, and pollutants emitted by source categories already regulated under §112. Existing power plants have been subject to §112 regulation ever since EPA finalized its Mercury Air Toxics Standards (MATS) Rule in December 2011. Therefore, EPA may not promulgate a §111(d) rule for existing power plants.
In AEP v. Connecticut (2010), the Supreme Court affirmed that §112 regulation precludes §111(d) regulation of existing stationary sources:
EPA may not employ §111(d) if existing stationary sources of the pollutant in question are regulated under the national ambient air quality standard program, §§108–110, or the “hazardous air pollutants” program, §112. See §111(d)(1). (Slip op., p. 10, fn. 7)
EPA is trying to argue that there was a drafting error in the Clean Air Act, and there are actually two Clean Air Acts out there and they get to pick and choose which parts they will follow from each one.
- JimZLv 72 years agoBest Answer
The US has become a post constitutional government run by cronies
Crony capitalists donate money to Washington and basically own the place with few exceptions.
Alarmists are simply those that are easiest for the cronies to manipulate. They are the useful idiots.
There is so much that is done in Washington that isn't constitutional, let alone legal.
EPA, part of the Executive Branch, performs all sorts of legislation and taxing that should be done in the Congress but Congress lets the Executive do it under the EPA because they want it done or at least their cronies do. It is less politically dangerous to have an out of control regulatory state that does their bidding for them. EPA members don't have to get elected by taxpayers.
This Omnibus Obamanation that was passed by Ryan and McConnel show who still runs Washington. Maybe Trump will veto it but probably not but if he did MSM and crony drones would rise up in fake outrage and alarmists would buy it hook line and sinker as they usually do because that is the job of a useful idiot.
- Anonymous2 years ago
I care if a law is legal or not, just like I care if the law is sufficient to prevent further global warming.
Full disclosure, I am not a global warmer, I prefer the globe's temperature to be what it is, or even a little lower than what it is now.
- a2yarLv 72 years ago
not illegal. agw is real
- Climate RealistLv 72 years ago
Not that I believe that the Clean Power Plan breaks any laws, but, even If It did, "The law is an anal sphincter."
If it were a case between the law and human lives, aitch eeh double hockey sticks I will choose human lives.
Thumbs up for I am ever wrong.
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- I was wrong onceLv 72 years ago
Why don't you go suck on an exhaust pipe if you love it so much?