This second President Donald Trump week is a major event whirlwind, so choosing your next contribution topic in the Daily Caller News Foundation is always a challenge.
However, while this has been one of the most enthusiastic weeks since January 20th, it was easy to choose the topic in this column, as energy-related actions by the administration would not have a greater impact than the Obama EPA’s successful efforts to reverse the danger discovery of 2009 greenhouse gas regulations. (Related: David Blackmon: Can Trump Revive the Keystone Pipeline?)
Washington Post Reported on Wednesday That Environmental Protection Agency (EPA) administrator, Lee Zeldin, said, “It personally urged the White House to break scientific findings based on much of the federal government’s push to combat climate change, according to three people who described the issue that he spoke to the White House on condition of anonymity because he was not permitted to comment publicly.” Zeldin’s recommendation was Trump’s recommendation The first day of presidential order Tasking Zeldin to carry out a review that “legality and continued applicability of managers’ findings, “hazards,” and has caused and contributed to the findings of greenhouse gases under section 202(a) of the Clean Air Act, Final Rules, 74 FR 66496 (15 December 2009)”
The Obama EPA discovery was made possible by a 2007 Supreme Court ruling of 5-4. Massachusetts vs. EPA A case in which an agency allows greenhouse gases to be regulated as pollutants in the context of air laws during cleaning. In that case, Judge Anthony Kennedy, who had long been a swing vote in court, joined four liberal judicial officers to grant this authority to the EPA.
The main so-called “greenhouse gases” – water vapor, methane and carbon dioxide – were all naturally occurring elements and were intended by the author of the 1963 Clean Air Act, so the dominance that categorizes them to classify them as “pollutants” was ridiculous in their faces, but it didn’t stop five judicialists from imposing on American society.
Since being implemented by the Obama EPA, danger discoveries have served as the fundamental foundation for the significant expansion of climate change regulations affecting every corner of the US economy, dramatically increasing the energy costs for all Americans. Climate warning hysteria surrounding carbon dioxide, also known as the basis for plant food and all life on planet Earth, was also the basis for motivating every aspect of the Biden era’s efforts to inflict hundreds of billions of dollars in renewable energy subsidies on taxpayers.
So, what has changed during today, as we believe that attempts to reverse this danger finding can withstand all the court challenges arising from the climate warning community?
First, there is a dramatic change in the composition of the Supreme Court. Judge Kennedy is no longer in court. Nor is it justice for the other four who announced a majority vote in the Massachusetts vs. EPA. If the court was split evenly in 2007, today’s Supreme Court consists of a majority of the decisive 6-3 originalists appointed by three justice, with Donald Trump himself being appointed to the first presidency.
But even more decisive difference comes from Chevron’s reversal of respect by the Supreme Court last year. Loper Bright Enterprisesv. Raimondo case. As I wrote at the time, Chevron’s respect, established as a legal doctrine in the unanimous Supreme Court decision of 1984, demanded that federal judiciary be postponed for regulatory decisions whenever statutory intentions were open to ambiguous and open interpretations.
The doctrine of the law directly led to a major expansion of the regulation for the 40 years it was in effect. The question is whether without that doctrine, EPA regulators really have the authority to regulate atmospheric plant foods, just as they control particulate matter and other forms of actual air pollution.
A successful effort to reverse the Obama EPA’s danger findings will put all the elements of the Obama/Biden climate agenda at risk.
Trump likes to say he wants to bring common sense back to the government. This is a great way to do just that.
David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialised in public policy and communication.
The opinions and opinions expressed in this commentary are the views of the authors and do not reflect the official position of the Daily Caller News Foundation.
All content created by the Daily Caller News Foundation is an independent, nonpartisan newswire service that is free to use for legitimate news publishers that can provide large audiences. All republished articles must include logos, reporter signatures and DCNF affiliation. For questions regarding our guidelines or partnerships with us, please contact licensing@dailycallernewsfoundation.org.