Starting from the widely ridiculed premise that the essential-to-life gas carbon dioxide exhaled by humans is “pollution,” the Supreme Court upheld most of the Obama administration’s radical EPA executive decrees regulating various industry sources of atmospheric CO2. Self-styled “environmentalist” groups and Big Business both declared victory after the controversial ruling. Common sense, the scientific method, the separation of powers, and the Constitution, however, suffered another brutal defeat at the hands of Washington, D.C., and the high court. The poor, meanwhile, will suffer the most as the added costs of Obama’s anti-carbon crusade are passed on to consumers.
Under the latest decision, the Environmental Protection Agency — itself created by an unconstitutional executive order from then-President Nixon — is allowed to regulate emissions of carbon dioxide from sources such as power plants and oil refineries. The EPA had claimed the power to regulate just about everything that produces CO2 emissions, which includes just about everything. Every time a person exhales, for example, carbon dioxide is released. Plants, in turn, need CO2 to live. However, under the June 23 Supreme Court ruling, smaller “emitters” such as schools, small businesses, churches, apartments, and more, are off limits to EPA decrees — at least for now.
Unsurprisingly, the scandal-plagued EPA was more than pleased with the deeply controversial decision, calling it a “good day” for supporters of “clean air,” “public health,” and creating a “better” environment. “The Supreme Court’s decision is a win for our efforts to reduce carbon pollution because it allows E.P.A., states and other permitting authorities to continue to require carbon pollution limits in permits for the largest pollution sources,” the agency said in a statement after its victory, again referring to CO2 — described by scientists as the “gas of life” — as “pollution.”
It was not clear whether Supreme Court justices and EPA bureaucrats view their breath as pollution, or merely CO2 from sources the Obama administration does not approve of, such as energy production. Despite the fact that carbon dioxide is crucial to life on Earth and that human emissions of the gas make up a fraction of one percent of the “greenhouse gases” present naturally in the atmosphere, the EPA will continue to be allowed to claim that it is pollution — and to regulate it as such. The flawed EPA basis for regulating CO2 as a “pollutant,” of course, was upheld by the Supreme Court in the radical 2007 Massachusetts v. EPA ruling.
On the other hand, the EPA had also been plotting to usurp even more extreme powers that had not been granted to it by Congress, even under the most outlandish interpretations of the unconstitutional “Clean Air” statute. That act purports to mandate federal regulations on air “pollution,” which the EPA extended to CO2 emitted by humans. A majority of the court rejected the notion that the EPA could simply “interpret” the statute in whatever way it wanted to advance its agenda.
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