Dictionaries are apparently no match for EPA’s seemingly insatiable appetite for regulatory power. As we’ve noted, EPA has gone from exploiting ambiguous words to redefining words in a way that defies their common meaning. Only in EPA’s warped world does “navigable” … Continue reading
Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power plant hazardous air pollutants for not taking its enormous costs … Continue reading
The physical invasion of the raisin snatchers — a property rights victory at the Supreme Court In a week marked by several major Supreme Court decisions that were quite disappointing to advocates of limited government and the rule of law, there was one … Continue reading
On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. … Continue reading
In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading
UPDATE: View Ted Hadzi-Antich’s testimony on EPA accountabiliy during a hearing entitled, “Oversight of Scientific Advisory Panels and Processes at the Environmental Protection Agency.” The panel discussion begins on May 20th, at 9:30 AM EDT.
I’ve been invited to testify next week before the United States Senate Committee on Environment and Public Works (Subcommittee on Superfund, Waste Management, and Regulatory Oversight) regarding ways in which EPA is violating the statutory requirement to obtain peer review of regulatory proposals from the Science Advisory Board.
In 2009, when EPA issued its first regulation governing greenhouse gas emissions, it failed to submit the regulatory proposal to the Board. Several subsequent greenhouse gas emissions standards went down the same wrong path. Those EPA failures to obtain peer review of the science underlying the greenhouse gas regulations were bald statutory violations, so PLF sued EPA to enforce the peer review requirements. Look here for more information regarding our challenge to the greenhouse gas emissions standards for cars, and here for trucks, It looks like Congress is paying attention to these case.
On Thursday, Pacific Legal Foundation and The Heritage Foundation are co-sponsoring a panel discussion on a draft regulation that would vastly expand the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ jurisdiction to regulate the nation’s water and … Continue reading
To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading
The EPA is preparing to adopt carbon emissions rules this summer that would likely shutter coal-powered plants in Florida and cost billions of dollars in compliance requirements. The rules would also hurt manatees, which are currently listed as “endangered” by … Continue reading
Incompetence or corruption. According to federal judge Royce Lamberth, only those two explanations remain for the EPA’s misconduct over a conservative group’s request for information under the Freedom of Information Act. … Continue reading