They raise energy prices, hurt living standards, and impair our future as a law-abiding nation
Paul Driessen
The U.S. Supreme Court’s 6-3 decision in West Virginia v. EPA
is truly a landmark ruling. It decisively rejected the Environmental
Protection Agency’s attempt to use vague, “previously little-used”
language in the Clean Air Act to shutter America’s remaining coal-fired
power plants and force the nation to switch to pseudo-renewable energy,
in the name of ending the “manmade climate crisis.”
But the decision goes much further. The Court made it clear that federal agencies may not impose “major federal actions,” decide “major questions” or implement “transformative expansions” of their regulatory authority without specific statutory authority clearly conferred by Congress.
In other words, federal agencies do not have the power or right to
take unilateral actions that effectively transform or undermine major
sections of America’s energy, economic or agricultural systems, its
industries or its living standards, unless Congress has given them
explicit authority to do so.
Such enormously “transformational powers” belong to the American
people, acting through legislators they elect to represent them – not to
bureaucrats who are not elected and cannot easily be removed from
office or otherwise disciplined and held accountable. The intolerable
regulatory overreach exhibited by EPA (and too many other federal
agencies) violates our Constitution, its “separation of powers”
doctrine, and any rational understanding of “legislative intent.”
Many Americans believe West Virginia v. EPA represents a great
victory over the regulatory “Deep State.” However, the Court’s ruling
will mean little if the Biden Administration refuses to acknowledge the
decision and continues doing as it pleases, perhaps reflecting the
“progressive” view that the Court has gone “rogue.”
To cite just one example, consider what’s happening with regard to
pipeline policy – yet another choke point the Administration is
utilizing to force America to terminate fossil fuel use.
Richard Glick, the Federal Energy Regulatory Commission’s radically
left chairman, claims the ruling doesn’t apply to him. He insists that
several federal district courts – two tiers below the Supreme Court –
previously held that the EPA could regulate coal into oblivion.
Therefore, he claims, the energy-killing regulations he wants to impose
on pipelines can remain in place, or even be made more onerous, unless
the Supreme Court specifically overrules him and FERC on that specific
matter.
Under this “novel” interpretation, federal agencies can ignore or
defy the Supreme Court on any regulations they want to implement – even
regulations with major national implications, even rules that could
leave people freezing jobless in the dark and perhaps dying from
hypothermia – unless and until the Supremes render a decision
specifically against those agencies and rules.
Or perhaps even until the Court has mustered its own army or sent an
FBI or IRS SWAT team to kick in agency doors and enforce its decisions.
Chairman Glick wants FERC to revive its proposed rule requiring
pipeline companies to account for all greenhouse gas emissions from
construction or operation of their pipelines – even if it means many
states and cities could find themselves without natural gas to
electrify, heat and air condition homes, operate restaurants, hospitals
and schools, power factories, or provide backup electricity during
emergencies.
Major regions of America depend on pipelines carrying natural gas to
generate electricity or provide direct fuel for furnaces, water heaters,
ovens, ranges and backup generators. They already face threats of gas
shortages and electricity blackouts during winter months and when
weather conditions don’t cooperate with government-mandated wind
turbines, solar panels and electric vehicle charging stations.
Pipeline companies say they would have to abandon many markets if the
FERC rule is imposed, because it is hugely expensive, impossible to
follow and likely to bankrupt them.
When Democrat and Republican members of Congress learned about the
proposed rule, they urged FERC to rescind it. The Commission ultimately
did suspend further consideration of the measure, but Mr. Glick’s recent
remarks suggest he may try to unilaterally lift the suspension.
Perhaps his position is so at odds with the Supreme Court because the
White House told him to disregard the ruling. President Biden
repeatedly said on the campaign trail and since his inauguration that he
is little concerned about high energy prices. He promised to end fossil
fuel use in the USA and intends to do so, regardless of any impacts
that might have on families, jobs and global geopolitical realities.
President Biden promptly canceled the Keystone Pipeline, increased
regulations, suspended federal permitting processes, designated large
areas as “national monuments” to restrict exploration and production,
and directed all federal agencies to base all decisions on theoretical
effects on Earth’s climate.
Those actions clearly signaled that he was willing to sacrifice our
nation’s hard-won energy independence and once-strong economy on the
altar of extreme green ideologies.
When food and gasoline prices more than doubled and inflation shot to
a 40-year high, his approval ratings sank to lows never endured by any
American president, Mr. Biden was reduced to begging Saudi Arabia,
Venezuela and Iran to produce more oil. Perhaps he thinks their fossil
fuels don’t emit “carbon.”
With a deciding vote by Vice President Kamala Harris, Congress passed
the fraudulently named Inflation Reduction Act, which slaps
$370-billion in taxes on middle class families to pay for electric
vehicle, solar panel and wind turbine tax credits – and further enrich
Democrat allies.
The wealthy will buy expensive electric cars that will be charged
with pricey, intermittent, weather-dependent wind and solar power.
Middle classes will see their jobs and living standards plunge further.
Meanwhile, China, India, a hundred other developing countries and a
newly refocused Europe are all burning more fossil fuels, to improve and
safeguard people’s living standards and lives – and provide the
“renewable” energy materials and technologies the United States cannot
or will not produce itself.
The United States could totally eliminate coal, oil and natural gas –
and it wouldn’t improve Earth’s climate or weather one iota, even if
greenhouse gas emissions actually drive climate change, including the
Ice Ages, Roman and Medieval Warm Periods, Little Ice Age, Mayan drought
and Dust Bowl.
Even more interesting, incoherent, incompetent and intolerable, White
House and FERC actions to base all federal decisions on
computer-conjured effects on Earth’s global climate obstinately and
deliberately ignore the widespread harmful effects of Biden
Administration fossil-fuel-eradication policies.
Those policies pay little or no attention to slave and child labor,
wildlife habitat destruction, toxic air and water pollution, or even
carbon dioxide and other greenhouse gas emissions from the vast overseas
mining, materials processing and manufacturing operations required to
make the countless wind turbines, solar panels, electric vehicles and
backup batteries needed to replace the fossil fuels Mr. Biden detests.
Moreover, the fact that Mr. Glick’s boss has an anti-fossil-fuel
agenda does not mean FERC’s chairman can ignore and defy America’s
highest court. He swore to respect our Constitution and the separation
of powers enshrined in it. He has no right or authority to advance the
ideological whims of political officeholders, even a President.
Chairman Glick’s past comments show he already understands this. If
he pushes his pipeline rule now on climate grounds, it will spell
trouble – for American families, and for our Constitution, judicial
system, regulatory state, respect for the rule of law, and survival as a
united nation.
We can only hope he ultimately musters the courage, common sense and
recognition of his oath of office to do what is constitutional, as
opposed to what’s momentarily convenient, albeit incomprehensible.
Keep this destructive Biden agenda in mind when you head to the polls November 8.
Paul Driessen is a lawyer, senior policy advisor for the Committee For A Constructive Tomorrow (www.CFACT.org), and author of books and articles on energy, environmental, legal and human rights issues.