Biden-Harris Environmental Protection Agency Administrator Michael Regan is clearly on a mission. He has “bold aspirations, and a long to-do list,” says The Washington Post. But to succeed, the Post acknowledges,
he must “help the EPA get its groove back.” As Reagan put it, “We’ve
got a lot of work to do, starting with rebuilding staff morale and
getting all our staff back to feeling as if they matter, their voices matter.”
Regan
says his job is “to restore the scientific integrity and the
utilization of data, of facts, as we move forward, and make some very
important decisions.” His second goal is to increase “cooperation”
between the EPA and its “subordinate” state environmental agencies. EPA
will dictate; states will fall in line.
A big step
toward that goal was extending a Memorandum of Agreement between the
EPA, the Environmental Council of the States, and the Association of
State and Territorial Health Officials. According to Regan, “EPA is
committed to building on the values of transparency, respect, and an open dialogue that are the cornerstone of a successful partnership with the states.” As EPA defines the terms.
An Obama-appointed federal judge
just restored the EPA’s use of “secret science” in formulating
regulations that businesses and industries must follow just because the
EPA says so – with “scientific evidence” that cannot be cross-examined.
U.S. District Judge Brian Morris (in Great Falls, Montana) took just
hours before vacating the Trump EPA rule that would have ended this Star
Chamber style rule.
For decades, the EPA relied on unreviewable
studies to impose draconian restrictions on businesses and industries,
and thus on the U.S. economy. Trump wanted to bring true transparency to
the process. Opponents claimed the Trump secret science” rule would
block the use of critical public health studies kept secret supposedly
to protect the identities of trial participants – which of course was
not the case.
As Trump EPA Administrator Andrew Wheeler explained,
the “secret science” rule in no way blocked previous “secret” studies;
rather, it created tiers in which preference is given to studies with public data.
Peer reviewers looking at a study’s raw data did not need to know any
of the subject’s names, so no patient confidentiality was at risk.
Moreover, in most cases, a review of basic methods, statistics and
results is sufficient to determine if they actually support the study’s
conclusion. Wheeler also noted:
“Too often Congress shirks its responsibility and defers
important decisions to regulatory agencies. These regulators then invoke
science to justify their actions, often without letting the public
study the underlying data. Part of transparency is making sure the
public knows what the agency bases its decisions on.”
Now the
Biden-Harris EPA has revived its old policy based on a failed 2015
(Obama-Biden) rulemaking that twists the Clean Air Act language in an
effort to destroy auto racing as a sport in the USA.
The
EPA claims modifying a vehicle previously certified for street driving
for use as a competition-only racecar is unlawful even for vehicles that
are trailered and never driven on public roads again. This policy seeks
to end a 50-year-old American tradition. It has no precedent; even
California exempts racing vehicles from regulation.
Not only does
the EPA claim it is illegal to convert a vehicle for racing by
modifying its emission system; it claims manufacturing, selling or
installing race parts for such vehicles is likewise unlawful. It’s even
said enforcement actions against high performance parts – including
superchargers, tuners and exhaust systems – will now be a top priority.
This policy constitutes a direct assault on the nation’s 1,300
racetracks, tens of thousands of participants and vehicle owners, and
millions of racing fans nationwide. It is also a death blow to retail
sales of racing products, a $2 billion a year industry. The move appears
to be part of the Obama-Biden-Harris EPA strategy to rid the planet (or
at least the USA) of internal combustion engines by taking away the romance of the racecar.
To try to thwart this EPA power grab, the Specialty Equipment Market Association has filed an amicus curiae
(friend of the court) brief in a lawsuit filed by Gear Box Z, Inc.
challenging the racecar conversion ban. The industry group is also
supporting the Recognizing the Protection of Motorsports Act (RPM Act),
which reaffirms the legality of converting street vehicles into
race-only vehicles and confirms the legitimacy of producing, marketing
and installing racing equipment.
They should prevail. But with today’s courts, do even the most specific laws still matter?
A recent Wall Street Journal editorial says the Biden-Harris EPA has a secret plan
to force massive CO2 emissions reductions under the Clean Air Act,
using ozone as its vehicle of choice. “Plan B” is the fallback strategy
to be implemented once it is clear that even the Democrat-controlled
Congress will not enact economy-killing anti-fossil fuel legislation.
The ultimate goal is total fossil fuel eradication.
Under Plan B, EPA will reset the National Ambient Air Quality Standard (NAAQS) for ground-level ozone to zero – way below natural
levels that Mother Nature herself emits! The “science” is based on a
questionable 2017 study from Harvard’s T. C. Chan School of Public
Health, which claims there is no safe level of ozone in the atmosphere. How do you prosecute Mother Nature?
Plan
B responds to the failure of the Obama-Biden Clean Power Plan, which
was blocked by the U.S. Supreme Court. It reflects former EPA
Administrator Lisa Jackson’s blunt admission that it is technically
infeasible and even legally questionable to regulate CO2 as a “criteria
pollutant” under the Clean Air Act.
The simple reasons are fundamental. CO2 is what humans and animals
exhale. It is what plants inhale to support photosynthesis and produce
the oxygen that most life on Planet Earth requires to exist. It does not
cause asthma or other diseases. CO2 emissions generated in a locality
cannot be measured reliably and certainly cannot be reduced within the
10-year timetable for criteria pollutants. CO2 is not a pollutant.
Using
ozone and the NAAQS to regulate CO2 is reportedly the brainchild of Joe
Goffman, whom the Biden-Harris Administration has installed as
principal deputy assistant administrator for the EPA’s Office of Air and
Radiation. Goffman, a chief architect of the Obama era Clean Power
Plan, is known as EPA’s “law whisperer.” His specialty is “teaching old laws to do new tricks.”
Goffman’s
plan was jump-started on January 19, 2021, when 16 Democratic state
attorneys-general filed a legal challenge to the EPA’s recently
reauthorized ozone NAAQS. Their one-paragraph sue-and-settle lawsuit
claims the standards are “unlawful, arbitrary and capricious and
therefore must be vacated.”
The Trump EPA in December 2020 had retained the ozone NAAQS at levels set in 2015 by the Obama-Biden Administration.
That action marked only the second time since the 1970 Clean Air Act
was enacted that EPA completed its ozone NAAQS review within the
mandatory 5-year timeframe.
As the Wall Street Journal explains, Democratic AGs, green groups and top Biden environmental regulators intend to impose the Green New Deal on states through backdoor regulations, because they know they can’t get it through the front door of Congress, even this sycophantic Congress.
Under this nefarious scheme – which could be imposed this year without any “open dialogue” in Congress – every state would be forever out of compliance, JunkScience.com director Steve Milloy emphasizes. It is simply impossible to eliminate natural background levels of ozone. But this action would give EPA effective and arbitrary control over the entire economy, especially fossil fuel use.
Giving
unelected bureaucrats and a like-minded political cabal “effective and
arbitrary control” over the entire U.S. economy creates a dictatorship
of faceless and nameless totalitarians whose diktats the political class
can claim they are powerless to upend. This is where America is headed, unless we stop these power-crazed autocrats.