States Ask Court To Block Obama EPA's New Carbon Reg . . .

Editorial Cartoon by AF "Tony" Branco

. . . As EPA-Caused Mine Spill Raises Questions About Agency

Today in Washington - Aug 17, 2015
Congress on August recess.

EPA in the News.
EPA stands for Environmental Protection Agency. As with most things in the Big Government. This agency's name is proving to be a misnomer.

As discussed in an article Thursday, "Inspecting a closed-down gold mine in Colorado, an EPA team accidentally spilled 3 million gallons of toxic wastewater into the Animas River. Now the orange plume extends more than 100 miles downriver and the agency is warning people to stay away." As Newt Gingrich noted, "A normal disaster of this scale would surely result in criminal charges against anybody else. The EPA (and other regulators like the Fish and Wildlife Service) routinely bring criminal charges against individuals or businesses who dump pollutants into the environment or engage in activities that cause harm to wildlife." As detailed in the article, the EPA has prosecuted others and sent them to jail for far less offenses than their own ineptness.

Gingrich continued. "So who will the EPA be charging with crimes for the disaster it caused in Colorado? And from whose budget (and whose salaries) will the cost of cleanup be paid? If the agency has its way, no one will held responsible, and the taxpayers will pay the bill for this “tragedy.” (When regulators make a mistake, of course, it’s a tragedy. When citizens do, it’s an outrage.)"

On Friday, Reuters reported, “Fifteen state attorneys general petitioned a federal court in Washington on Thursday to block new U.S. rules to curb carbon emissions from power plants, in the first of several expected legal challenges to the Obama administration measure.

“States that oppose the Environmental Protection Agency's Clean Power Plan filed for the stay in the U.S. Court of Appeals for the D.C. Circuit. The states asked for a ruling by Sept. 8, one year before they need to submit compliance plans to the EPA.

“‘This rule is the most far-reaching energy regulation in the nation’s history, and the EPA simply does not have the legal authority to carry it out,’ West Virginia Attorney General Patrick Morrisey said . . . . States, particularly those that have relied on coal for electricity, have argued the EPA has overstepped its regulatory authority. ‘The Clean Air Act was never intended to be used to create this type of regulatory regime, and it flies in the face of the powers granted to states under the U.S. Constitution,’ said Morrisey.

“Alabama, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Nebraska, Ohio, Oklahoma, South Dakota, Wisconsin and Wyoming joined West Virginia in requesting the stay.”

Today, the AP notes that the EPA’s recent blunder in Colorado, which resulted in a spill of mine water into a river in the southwestern corner of the state, turning the water orange, is leading to more questions about the agency’s competence. Critics of the EPA’s regulatory overreach are saying the mine spill doesn’t inspire confidence.

The AP writes, “Authorities say rivers tainted by last week's massive spill from an abandoned Colorado gold mine are starting to recover, but for the Environmental Protection Agency the political fallout from the disaster could linger.

“The federal agency's critics are already seeking to use its much-maligned handling of the mine spill to undercut the Obama administration's rollout of major regulations aimed at cutting greenhouse gas emissions at the nation's power plants. Members of oversight committees in both the House and Senate say they are planning hearings after Congress returns from its August recess.

“‘The EPA is supposed to help prevent environmental catastrophes, not cause them,’ said Rep. Steve Scalise, R-La., a member of the House leadership and the Energy and Commerce Committee. ‘But, sadly, President Obama's EPA has been too busy threatening American jobs with radical regulations instead of focusing on what should be their core mission.’

“EPA and contract workers accidentally unleashed 3 million gallons of contaminated wastewater as they inspected the idled Gold King mine on Aug. 5, just two days after Obama unveiled his Clean Power Plan during an event at the White House.< “The timing could hardly be worse for the beleaguered regulatory agency, a frequent target for congressional Republicans and pro-industry groups. Attorneys general for at least 15 states say they plan to sue over the new carbon restrictions, and such coal-mining backers as Senate Majority Leader Mitch McConnell, R-Ky., are urging states to simply ignore new carbon rules from Washington.

“Over the last week, even Democrats representing states affected by the spill have publicly criticized the agency's response as anemic. That has forced top administration officials off-message just as they were launching an effort to sell the new carbon rules to the American people. . . .

“‘I think we have seen what happens when the EPA comes after private industry — they come after them with heavy hand," said Sen. Cory Gardner, R-Colo. "Now, the shoe is on the other foot, and we have seen a lack of communication and coordination. ... This goes to the core competency of the EPA.’”

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