PrintNovember 4, 2010
Time For the GOP to Go On Offense
There are many questions regarding what can the Republicans do with their new majority in the House of Representatives. My suggestion would be KISS (Keep It Simple Stupid). Introduce a bill top amend the definition of a pollutant in the Clean Air Act so as to exclude carbon dioxide. The Supreme Court decision in Massachusetts v. EPA turned on this key question. Here is the relevant text
Based on respected scientific opinion that a well-documented rise in global temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of "greenhouse gases," a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regulating the emissions of four such gases, including carbon dioxide, under §202(a)(1) of the Clean Air Act, which requires that the EPA "shall by regulation prescribe . . . standards applicable to the emission of any air pollutant from any class . . . of new motor vehicles . . . which in [the EPA Administrator's] judgment cause[s], or contribute[s] to, air pollution . . . reasonably . . . anticipated to endanger public health or welfare," 42 U. S. C. §7521(a)(1). The Act defines "air pollutant" to include "any air pollution agent . . . , including any physical, chemical . . . substance . . . emitted into . . . the ambient air." §7602(g).
This decision leaves the interpretation of what the Congress meant to the Administrator of Obama's EPA, Lisa Jackson. Congress has the power to overrule Ms. Jackson. It should exercise its power by explicitly stating what it meant thereby rendering the Supreme Court decision moot. A key attribute of this administration has been to put its political appointees (and its unconstitutional "czars") in the position of making unilateral decisions that ought to be made by The People's representatives in Congress.
ObamaCare is rife with regulations to be promulgated by the Secretary of Health and Human Services, Kathleen Sibelius. Her native arrogance can be seen in her decision to prevent the construction of the Sunflower Electric Power Holcomb Station coal fired power plant, despite its state-of-the art design, when she was the governor of Kansas.
This is a clear battle between the real world and the Obama oligarchy that should be fought and won in the marketplace of ideas. The Obama Administration won't stand a chance! The People do not believe carbon dioxide is a pollutant and therefore would welcome a fair and open debate about any regulations to be imposed on it. If they decide they want to limit carbon dioxide from cars or power plants, let Congress pass an act specifically limiting its production. While this would be more likely to succeed in the 112th Congress, a test run could be done even sooner.
We could tell a great deal about the change of direction in both parties if we could get a bipartisan bill sponsored by the newest members of the 111th Congress, Mark Kirk (R-IL) assuming what had been Barack Obama's seat and Joe Manchin (D-W Va) assuming the late Robert Byrd's seat. Both men will be sworn into the existing 111th Congress for the lame duck session. Mark Kirk has renounced the cap and trade legislation he initially supported and Joe Manchin ran a commercial shooting the previous bill with a gun. They could make common ground and save the 49 other states from the impending disaster caused by California's voters defeat of Proposition 23, which would have delayed its green energy mandates until unemployment dropped below 5 per cent. Let California experiment with mandated green energy while everyone else tries a free market initiative. Let the better idea win.
The acceptance of the responsibility to make such a decision would be a marked change from the previous Pelosi-led 111th Congress and would prove that the Republicans are willing to chart a new course making decisions on which they can be held responsible.
