Time for Congress to Rein in the EPA

On December 7th, 2009, The Environmental Protection Agency announced that greenhouse gases “threaten the public health and welfare of the American people.” This ruling came from a 2007 Supreme Court decision in which it was determined that carbon dioxide and other greenhouse gases are pollutants under the Clean Air Act.

The Court stated that the EPA must determine if these gases are a danger to public health and welfare before the agency can regulate them. A story by the Associated Press noted that the EPA and the White House have said regulations on greenhouse gases will not be imminent even after an endangerment finding, saying that the administration would prefer that Congress act to limit such pollution through an economy-wide cap on carbon dioxide and other greenhouse gases.

However, a story appearing in the National Review counters that, “Congress tells agencies what to do – agencies are not supposed to tell Congress what to do.” Additionally, the story continues by stating, “Congress needs to make it clear that the EPA has no authority to make climate-change policy.” In order to facilitate this they call for Congress to pass a law which would prohibit greenhouse gas regulation by the EPA.

The Wall Street Journal’s Kimberley Strassel speculates that the EPA will have to defend its endangerment finding in Court, and therefore “must provide ‘science’ showing that a slightly warmer earth will cause Americans injury or death.”

Additionally, the “tailoring rule” put in place by the EPA seeks to regulate only large carbon emitters. But according to the Clean Air Act, small emitters are supposed to be regulated as well. Therefore, the EPA is likely to face a surge of lawsuits not only from business groups, but environmental groups who are seeking greater amounts of regulation.

Given the hot political issue that climate change legislation has become, it is increasingly unlikely that Congress will take up the issue during the upcoming election year. The National Review counters, “If Congress leaves the Clean Air Act as it now stands, it will be construed as granting the EPA authority to regulate almost every facet of our lives.” Therefore, inaction by Congress is really a tacit endorsement of the EPA’s actions.

Congress must not allow the EPA to set climate change policy. If the best way to do this is to strip the agency of this power, then that is exactly what must occur.

Related posts:

1. The Cap and Trade Illusion