Moving Toward The Country The Founding Fathers Envisioned

On October 13th, CBN posted an article about an important Supreme Court decision that got lost in the chaos of the Supreme Court’s decision on abortion.

The article reports:

In the aftermath of the Supreme Court overturning Roe v Wade it was easy to miss, but the court’s ruling in West Virginia v. EPA delivered a major blow to the federal bureaucracy.

The case considered the Obama-era Clean Power Plan. President Obama couldn’t get his plan to drastically change the nation’s power grid known as “Cap and Trade” through Congress, so he famously acted on his own.

“I’ve got a pen and I’ve got a phone and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward,” the president said before a 2014 cabinet meeting and on a number of other occasions. 

Working through the EPA on executive authority he expanded the Clean Air Act, written in the 1960s, to reduce toxic emissions. Instead of addressing individual power plants as the law had been applied, Obama went after the entire fossil fuel industry in a way that would have transformed the U.S. power grid, and for that, the Supreme Court called a foul.

“The court said Congress has to say specifically what they want EPA to do if they’re going to do something that has such a monumental impact,” said Derrick Morgan, executive vice president of The Heritage Foundation.

He says the court’s action is significant as presidents increasingly wield their executive pens to get their agendas passed around Congress.

Essentially, this forces Congress, elected by the people, to make the laws and be held accountable for the laws they make. The President has the choice to sign or veto the laws and should also be held accountable. This may help deal with some of the garbage regulations coming out of Washington. This ruling may also serve to protect the free speech rights that many in Congress are trying to limit.

The article concludes:

Also, look for more guidance from the Supreme Court. Chad Squitieri, an expert in administrative law at The Catholic University of America, says the court seems primed to examine whether the administrative state has drifted too far from the separation of powers which is a bedrock of America’s Constitution.

“The Major Questions Doctrine which was applied in West Virginia v EPA is sort of, I like to say, scratching at the non-delegation itch. It’s not the full-fledged non-delegation doctrine, but I think it’s something of a halfway measure and I think these types of questions – looking at different ways courts may police how Congress delegates authority to the agencies – is going to be a recurring theme in the years to come,” he told CBN News.

“I think it’s because the current court is more prepared than courts in the past to enforce the original understanding of the Constitution – what we would call the original public meaning of the Constitution, particularly the separation of powers and federalism,” he continues.

It will be a relief to many Americans who want to be governed directly by the people they elect and are eager to rid themselves of what they see as a gross overreach by unelected bureaucrats.

Please follow the link to read the entire article. This is a really good decision.

Just What We Needed–Another Government Agency!

On Sunday, The Epoch Times reported the following:

The Biden administration on Saturday launched a new national office dubbed the “Office of Environmental Justice and External Civil Rights” charged with addressing what some officials say are the disproportionate harms inflicted on low-income areas and communities of color by pollution and climate change.

The U.S. Environmental Protection Agency (EPA), an independent executive agency of the U.S. federal government, announced that the new office “will position the agency to better advance environmental justice, enforce civil rights laws in overburdened communities, and deliver new grants and technical assistance.”

The new office will oversee a portion of Democrats’ $60 billion investment in environmental justice initiatives created by the Inflation Reduction Act—specifically, the implementation and delivery of $3 billion in block grants to underserved communities affected by pollution.

The EPA said the new office will also “ensure EPA’s implementation of other funding programs provided by the Inflation Reduction Act [and] Bipartisan Infrastructure Law.”

Three existing EPA programs that oversee environmental justice, civil rights, and conflict prevention and resolution will be merged into the new senior-level office.

Wow! A whole agency saying that the climate is racist. Good grief!

I have a suggestion. If the summertime temperature is higher in black neighborhoods that white neighborhoods, plant trees. I am sure something could be worked out so that the city involved could afford to do that. We don’t need another government agency to do that.

Note that they are merging three current EPA programs into this new office. These programs oversee environmental justice, civil rights, conflict prevention and resolution. Let’s get something straight–if the earth burns up because of climate change (which is highly unlikely) all people will be equally impacted. The climate is not aware of anyone’s financial situation or political power. If those screaming the loudest about climate change really believed what they were saying, would they buy oceanfront estates and run around in private jets?

The article concludes:

The EPA’s definition of “environmental justice” is “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.”

There is no such thing as environmental justice–the government does NOT control the environment! This office will simply be a center for the redistribution of wealth, which is the ultimate goal of the Biden (Obama) administration.

Another Win For The Supreme Court

Does anyone remember this gem from 1975:

This is a kid-oriented explanation of how laws are supposed to be passed in America. Unfortunately, many of our laws are currently being passed by unelected bureaucrats in government agencies. These bureaucrats are not held accountable by the people because they never have to run for office. Well, on Thursday the Supreme Court took a small step to bring America back to the lawmaking procedure established by our Founding Fathers.

Red State posted an article on Thursday reporting the decision.

The article reports:

The Supreme Court sharply curtailed the power of the EPA to regulate greenhouse-gas emissions that cause climate change. In a 6-3 ruling written by Chief Justice John Roberts, the court sided with conservative states and fossil-fuel companies in adopting a narrow reading of the Clean Air Act.

The Court found that Congress had not authorized the EPA to induce a shift toward cleaner energy sources.

“Congress did not grant EPA…the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” the majority wrote.
The ruling was spurred by an appeal to a decision last year that struck down a Trump-era power plant rule.

In appealing that decision, West Virginia asked the court to consider whether the EPA has the authority to try to push the entire system away from coal and reshape the country’s electric grid.

The article notes:

Justice Kagan in her dissent acted as though it was the Court’s responsibility to address climate change, rather than interpret the law and the Constitution.

Maybe she needs to go back and reread the Constitution.

If the Biden administration wants to change the source of America’s energy, they need to ask Congress to pass a bill to do that. Elected officials need to be held accountable for the laws they make. Bureaucrats are not elected and cannot be held accountable. That is why our laws are supposed to be made by Congress and not by bureaucrats.

Another Attack On The Middle Class

The Biden administration seems determined to wipe out the middle class in America. This may or not be on purpose, but it is definitely the result of their policies. Telling people who make $50,000 a year or less to go buy an electric car because gas is expensive is not a smart energy policy. Shutting down drilling and pipelines in America can only increase the price of gas and end our energy independence. The Biden administration energy policies are a tax on everyone and a true burden on the middle class. In an effort to improve things (or make things worse, depending on your point of view), the Biden administration has now raised the mandatory amount of biofuel, specifically ethanol, that must be blended within the U.S. gasoline supply. The 10 percent summer blend has now been raised to a year-round 15 percent.

On Monday, The Conservative Treehouse posted an article detailing some of the problems with this change. It should be noted that gas stations in areas with large boating populations sell gasoline without any ethanol. There is a reason for that–ethanol in gasoline destroys boat engines.

The article notes three issues with adding the additional ethanol:

First issue. – The Renewable Fuel Standard (RFS) is a government mandate, passed in 2005 and expanded in 2007, that requires growing volumes of biofuels to be blended into U.S. transportation fuels like gasoline and diesel every year.  Approximately 40 percent of corn grown in the U.S. is used for ethanol.  Raising the amount of ethanol required in gasoline will result in the need for more biofuel (corn).  With farming costs and outputs already under pressure this could be problematic.

Second issue – The EPA enforces the biofuel standard by requiring refineries to submit purchase credits (known as Renewable Identification Numbers, or RINs) to the Environmental Protection Agency (EPA) proving the purchases.  This enforcement requirement sets up a system where the RIN credits are bought and sold by small refineries who do not have the infrastructure to do the blending process.  They purchase second-hand RIN credits from parties that blended or imported biofuels directly. This sets up a secondary income stream, a trading market for the larger oil companies, refineries and importers.

Third Issue – “Ethanol is a valuable source of octane in finished gasoline, but it is chemically different than petroleum gasoline and cannot be used in concentrations above 10 percent in small engines — like outboard boat motors, motorcycles, lawnmowers, generators or chain saws — or in any cars made before 2001. Complicating matters further, most cars on the road today still aren’t warrantied to run on gasoline with more than 10 percent ethanol. Retail stations also must have compatible infrastructure in order to sell gasoline with higher ethanol blends.”  This issue is known within the industry as “The Blend Wall.

Please follow the link to the article for further details. This is not a good move for America’s middle class.

A Different Take On Electric Cars

On Tuesday, The Western Journal posted an article about some recent changes in electric cars to increase their range.

The article reports:

(Here at The Western Journal, we’re making sure consumers know that electric cars don’t just run on rainbows and dreams; there are serious environmental tradeoffs politicians and environmentalists haven’t fully publicized, or even considered, as they push these vehicles relentlessly on American car-buyers. We’ll keep bringing America the truth the establishment media won’t. You can help us by subscribing.)

According to a piece published Monday by the EV-centric outlet Green Car Reports, a British-based independent emissions testing firm found that particulate matter emissions from tires are 1,850 times greater under normal driving conditions than from a tailpipe of a gas-powered car.

According to the Environmental Protection Agency’s website, particulate emissions are “microscopic solids or liquid droplets that are so small that they can be inhaled and cause serious health problems.” It notes the particles “are also the main cause of reduced visibility (haze) in parts of the United States, including many of our treasured national parks and wilderness areas.”

The EPA defines particle pollution as “inhalable particles,” which are under 10 microns in diameter, and “fine inhalable particles,” 2.5 microns and smaller.

The firm that conducted the study, Emissions Analytics, had previously found in 2020 that particulate emissions from tires could be 1,000 times greater than those from tailpipes. That test was designed to capture worst-case emissions under legal driving, according to the report. But when researchers replicated the test “across a wider range of driving conditions,” they found the number was even higher.

As the cars are becoming more efficient and larger batteries added however, the tire emissions increase.

The article notes:

Furthermore, they found that adding half a metric ton (1,100 pounds) “of battery weight can result in tire emissions that are almost 400 more times greater than real-world tailpipe emissions, everything else being equal.”

The article concludes:

And then there’s the environmental damage caused by mining the minerals needed to build EV components. Or the fact that China controls most of the supply-chain access to said minerals. Or that EVs are considerably more expensive than gas-powered vehicles.

Pick your poison. Heaven knows there are plenty of them. We’ve found a new one in electric vehicles. It’s time the progressive left at least admits the truth: There is no such thing as a free lunch.

We are in search of the perpetual motion machine. At some point we may actually come close, but the laws of physics are definitely working against us.

Misusing Funds? Again?

On April 20th, Fox News reported that much of the money Congress appropriated to meet the Covid-19 crisis was actually spent on other things:

The article reports:

The Environmental Protection Agency (EPA) is accepting new applications for grants funded by President Biden’s $1.9 trillion COVID-19 relief package passed in 2021, but last year’s awards funded some projects that had virtually little to do with addressing the impact of the pandemic.

The EPA’s Environmental Justice Small Grants Program recently announced it is using $1.6 million of American Rescue Plan funds to award grants to “federally recognized tribal governments to establish or modify public participation programs where fair treatment and meaningful participation priorities have been impacted by the COVID-19 pandemic.” 

Approximately 16 to 20 grants of up to $100,000 will be awarded for each project, the EPA announced March 21.

Last year under the same program, 99 organizations nationwide were selected to receive awards totaling approximately $7.4 million in grant funding, which included $5.25 million allocated from the American Rescue Plan and $2.15 million from what the EPA describes as its “baseline [Environmental Justice] appropriation.” Those grants were for up to $75,000 for each project that addressed “health outcome disparities from pollution and the COVID–19 pandemic,” the EPA said at the time.

A review of the 2021 awards, however, shows that the program funded grants for some projects that had virtually little to do with addressing COVID-19 or the effects of the pandemic.

Basically, business friends of the Biden’s got lots of money and average Americans got inflation.

The article lists some of the ways the funds were used:

Clean Air Carolina, based in Charlotte, North Carolina, received a grant for a project to install a public Level 2 EV charging station and to create an educational video as a way for “community members to get involved to mitigate air pollution.”

Roanoke Economic Development Inc, based in Rich Square, North Carolina, received a grant to “address air pollution and climate change through the development of a regional electric vehicle charger installation plan to promote EV use and accessibility by minority and low-income populations.”

An EPA spokesperson said in a statement provided to Fox News Digital that the American Rescue Plan funds provided for the program “allows communities to implement solutions that can improve conditions related to COVID-19 such as air quality issues.”

“These projects all went through a rigorous scoring and approval process to ensure project activities and goals align with our statutory authorities and the language and intent of ARP,” the spokesperson said.

The spokesperson said the 2022 call for grant applications from federally recognized tribes “is utilizing the EJ Small Grants Program to efficiently facilitate distribution of funds to federally recognized tribal governments in line with the ARP statutory requirements, but does not affect any past or upcoming funding opportunities for the program.”

The article concludes:

Daren Bakst, an energy expert at the Heritage Foundation, slammed the Biden administration for using taxpayer money to fund environmental “extremism.”

“COVID-19 relief money shouldn’t be some cover for the Biden administration to use taxpayer dollars to fund its far-left agenda and to indoctrinate people in environmental extremism,” Bakst told Fox News Digital. “But that appears to be happening at the EPA. Taking community tree walks, teaching people how to prevent future marine debris, and similar funded projects have nothing to do with the pandemic.”

“Americans are being crushed by inflation rates not seen in over 40 years, thanks in large part to out-of-control federal spending,” he added. “If the Biden administration is genuinely concerned about low-income communities, it would stop its excessive spending, war on energy, and general regulatory avalanche that is hitting Americans hard — especially low-income communities — through skyrocketing prices.”

Evidently excessive government spending on environmental issues has a positive impact on Covid. Who knew?

Sometimes You Just Have To Do The Practical Thing

On Wednesday, NewsMax reported that the United States Post Service (USPS) will be replacing its mail trucks with a large percentage of gasoline-powered mail trucks. The Biden administration had been pressuring the USPS to replace its aging fleet with electric trucks.

The article reports:

The U.S. Postal Service will start replacing its aging mail trucks with nearly all gasoline-powered vehicles built by Oshkosh Corp., despite pressure from the Biden administration to increase electric vehicle purchases.

The agency said Wednesday it cleared the final regulatory hurdle to placing orders for next-generation mail vehicles — and getting some of them on delivery routes next year — despite pushback from the Environmental Protection Agency.

The decision allows the Postal Service to proceed with placing the first order that will include at least 5,000 electric-powered vehicles, along with an undetermined number of gas-powered vehicles, Postal Service spokesperson Kim Frum said.

The article notes:

The USPS will get 165,000 new trucks over the next 10 years, with as much as 90% of the replacement vehicles powered by gasoline instead of electric-battery power.

Resisting pressure from Biden administration officials to increase electric vehicle purchases beyond its planned 10% baseline, the USPS rejected a bid from electric-vehicle manufacturer Workhorse Group Inc., and instead awarded the multibillion contract to Wisconsin military truck maker Oshkosh Corp.

“As we have reiterated throughout this process, our commitment to an electric fleet remains ambitious given the pressing vehicle and safety needs of our aging fleet as well as our fragile financial condition,” USPS Chief Executive Officer Louis DeJoy said in a statement

“As our financial position improves with the ongoing implementation of our 10-year plan, we will continue to pursue the acquisition of additional BEV [battery electric vehicles] as additional funding — from either internal or congressional sources — becomes available.”

The article concludes:

While the contract calls for at least 10% of the trucks to be electric vehicles, the agency has indicated its willingness to accelerate a transition to electric if it can be done in a way that is not “financially detrimental.”

Bloomberg reports that the USPS is unlikely to have the last word on the matter, however. Environmental groups are preparing to immediately challenge the move in federal court.

The Biden administration has limited authority over the Postal Service, but federal courts have determined that the USPS is still required to abide by the National Environmental Policy Act, which mandates analysis of major policy decisions. Government leases sold to private companies have previously been invalidated by federal courts in the absence of that analysis.

The USPS “is playing a very high-stakes game” by “going against what the law requires,” Adrian Martinez, an attorney with the environmental group Earthjustice, told Bloomberg prior to the announcement.

The lawsuits will simply force the financially struggling USPS to spend money defending itself. In the end, the financially struggling USPS will spend a large amount of money simply defending a practical decision.

Everyone Wants To Be Involved

Breitbart posted an article today about comments made by Erin Brockovich about one of the people who will be involved in the Biden administration if the Biden administration becomes a reality.

The article reports:

Environmental activist and media personality Erin Brockovich is slamming former Vice President Joe Biden’s pick of former DuPont official Michael McCabe to be on a transition team at the Environmental Protection Agency (EPA).

Brockovich penned a commentary for the Guardian about Biden’s pick if he should become president, entitled “Dear Joe Biden: Are You Kidding Me?”

This is an excerpt from the commentary:

Michael McCabe, a former employee of Biden and a former deputy Environmental Protection Agency administrator, later jumped ship to work as a consultant on communication strategy for DuPont during a time when the chemical company was looking to fight regulations of their star chemical perfluorooctanoic acid (PFOA) also known as C8. The toxic manmade chemical is used in everything from waterproof clothes, stain-resistant textiles and food packaging to non-stick pans. The compound has been linked to lowered fertility, cancer and liver damage. The Guardian reported this week that Harvard school of public health professor Philippe Grandjean, who studies environmental health, warns that PFAS chemicals, of which PFOA is one, might reduce the efficacy of a Covid-19 [Chinese coronavirus] vaccine.

It should go without saying that someone who advised DuPont on how to avoid regulations is not someone we want advising this new administration.

McCabe started managing DuPont’s communications with the EPA about the toxic chemical in 2003, according to an article in the Intercept. This was the time in which DuPont faced a barrage of litigation after the company dumped 7,100 tons of PFOA-filled waste in West Virginia, which made its way into the drinking water of 100,000 people. Countless members of the community faced debilitating illnesses as a result. The legal battle with the company was turned into the film Dark Waters in 2019.

Those who voted for Joe Biden thinking he was not in the pocket of corporate interests or that he had enough mental acuity to avoid putting people who might bring special interests to the cabinet may discover that they made a serious error in judgement.

Undoing The Economic Damage Done By The Obama Administration

Yesterday Fox News posted an article detailing some of the damage the environmental policies of the Obama Administration did to rural America. The article reminds us that President Trump and Scott Pruitt have ended the Waters Of The United States (WOTUS)  which attempted to give the government control over any mud puddle that appeared in your yard during heavy rains.

The article reports:

The far left will stop at nothing in their efforts to derail the presidency of Donald Trump. Still bitter about the outcome of 2016, the left claims much of their outrage toward the president is driven by his unpredictable personality, but ideological opposition to his administration’s reform-minded agenda is the real root of their anger.

Nowhere is this more evident than the furor surrounding Scott Pruitt, the administrator of the Environmental Protection Agency (EPA).  Trump’s opponents have seized on a number of recent unflattering news stories involving Pruitt and his agency. While admittedly not the best public relations for Pruitt, his “real sin is that he is one of Mr. Trump’s most aggressive reformers,” as the Wall Street Journal editorialized last week. President Trump expressed a similar sentiment over the weekend when he tweeted praise for his EPA chief’s “bold actions” and “record clean Air & Water while saving USA Billions of Dollars.”

Since taking office last year, Pruitt has boldly carried out the president’s campaign promises. In October, he moved to repeal Obama’s Clean Power Plan regulations, ending the War On Coal and providing a shot in the arm for coal country that had been decimated.

The article points out the double standard in the attacks on Scott Pruitt:

Pruitt’s “scandals” are exaggerated for political expediency: never mind that the Obama EPA spent just as much, if not more, than Pruitt’s team, according to a recent Fox News report.  Or that Lisa Jackson, Obama’s EPA chief, was caught using the email alias “Richard Windsor” to communicate with people outside the government. Or that one Obama-era EPA employee was caught downloading and watching pornography on the job. These issues prompted no outrage from Hill offices, and one questions if Congressional inquiry could possibly be politically motivated, or if left-wing outrage is a one-way street.

The article concludes:

Our message to Administrator Pruitt: American energy workers who are going back to work thank you. The American economy thanks you. And please remember these wise words: if you want a friend in Washington, get a dog.

The political left has become something of a joke with their attacks on the Trump Administration. Meanwhile, President Trump has boosted the economy, put people back to work, and continues to accomplish good things. It would be nice to see those in Washington support America rather than their own political interests.