Clean Power Plan rumble

So far, twenty-five states and political subdivisions have challenged EPA’s Clean Power Plan, which requires existing and new power plants nationwide to favor wind and solar resources over coal and natural gas when generating electricity.  In addition, dozens of private companies, … Continue reading

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel vehicles should be vacated by the D.C. Circuit.  The federal … Continue reading

Ted Hadzi-Antich to present oral argument in CARB waiver case in D.C. Circuit

On Monday, November 9, 2015, at 9:30 a.m. in Courtroom 31 of the United States Court of Appeals for the D.C. Circuit, 333 Constitution Ave, N.W., Washington, D.C. 20001, I’ll be presenting oral argument in support of our challenge to … Continue reading

Congress questions EPA about Andy Johnson’s stock pond

Several weeks ago, the New York Times ran a front page article about the Andy Johnson’s stock pond and the EPA compliance order threatening him with more than $16 million in fines. Here’s a taste: The sun was sinking and … Continue reading

Take shouldn’t be a strict liability offense

PLF has filed a motion to intervene on behalf of the New Mexico Cattle Growers’ Association, New Mexico Federal Lands Council, and the New Mexico Farm and Livestock Bureau in a case that threatens to radically expand criminal liability under … Continue reading

Another Clean Water Act power grab for the Court to consider

Last Friday, the Supreme Court extended the deadline for the American Farm Bureau Federation to file a petition for certiorari in its case challenging the EPA’s interpretation of the Total Maximum Daily Load or “TMDL” provision of the Clean Water … Continue reading

The lesson of the Animas River spill

In the Wall Street Journal, attorney and former high-ranking EPA official Bill Wehrum has an op-ed [$] arguing that the Animas River spill shouldn’t lead to criminal punishment, but neither should similar accidents caused by private companies. As you’ll undoubtedly … Continue reading

EPA meatheads: Dead from the neck up

What else can one say about the authors of the so-called Clean Power Plan?  On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of energy generation, distribution, and use in the United States.  The rules require power plants to curtail carbon dioxide emissions by approximately 30% over the next fifteen years.  The Plan was promulgated in violation of the structure, plain language, and historical context of the Clean Air Act, as well as in violation of the 10th Amendment of the United States Constitution.

Among other things, EPA’s Clean Power Plan seeks to drastically change the mix of fuels available in energy markets from fossil fuels, such as coal and natural gas, to renewables, such as wind and solar.  The rules establish a system in which the grid will not be able to support electricity demand.  The most benign expected results are blackouts and spiking energy costs.

Legal challenges to the Plan are being mobilized by broad coalitions of individuals, businesses, and states that will suffer the adverse consequences of such a drastic change in the energy sector of the nation’s economy.  But it’s not only the economy that is being threatened.  So is liberty.

Should Congress step back and let the courts handle the WOTUS rule?

Liberty Blog readers know that the “Waters of the United States” (WOTUS) rule issued earlier this summer is not only a brazen power grab by the U.S. EPA and Army Corps of Engineers that will create additional costs, risks, and … Continue reading

Orwellian language in the Clean Water Act

Recent press coverage of PLF’s challenge to the compliance order that Andy Johnson received from the EPA has highlighted some of the Orwellian language in the Clean Water Act. As you’ll recall, EPA is threatening Andy with tens of millions … Continue reading