Why You Should Care That Courts Overturn EPA’s Carbon Pollution Standard

The 2012 elections ensure that President Obama’s “war on coal” will continue for at least two more years. The administration’s preferred M.O. has been for the EPA to “enact” anti-coal policies that Congress would reject if such measures were introduced as legislation and put to a vote. Had Gov. Romney won the presidential race and the GOP gained control of the Senate, affordable energy advocates could now go on offense and pursue a legislative strategy to roll back various EPA global warming regulations, air pollution regulations, and restrictions on mountaintop mining. But Romney lost and Democrats gained two Senate seats.

Consequently, defenders of free-market energy are stuck playing defense and their main weapon now is litigation. This is a hard slog because courts usually defer to agency interpretations of the statutes they administer. But sometimes petitioners win. In August, the U.S. Court of Appeals struck down the EPA’s Cross State Air Pollution Rule (CSAPR), a regulation chiefly targeting coal-fired power plants. The Court found that the CSAPR exceeded the agency’s statutory authority. Similarly, in March, the Court ruled that the EPA exceeded its authority when it revoked a Clean Water Act permit for Arch Coal’s Spruce Mine No. 1 in Logan Country, West Virginia.

A key litigation target in 2013 is EPA’s proposal to establish greenhouse gas (GHG) “new source performance standards” (NSPS) for power plants. This so-called carbon pollution standard is not based on policy-neutral health or scientific criteria. Rather, the EPA contrived the standard so that commercially-viable coal plants cannot meet it. The rule effectively bans investment in new coal generation.

We Can Win This One

Prospects for overturning the rule are good for three main reasons.

(1) Banning new coal electric generation is a policy Congress has not authorized and would reject if proposed in legislation and put to a vote. Once again the EPA is acting beyond its authority.

Read more at Forbes. By Marlo Lewis.


  1. The EPA is not elected by the people, it should be abolished! It's time to get rid of all the un-elected people in government and make this country free again.

  2. With a coal powered power plant , you have electricity when you need it ,and buckeye transmisions has put in a lot of changes and what cmes out is very Clean,, Yesterday we went over in Van Wert ,ohio area They have put in wind power , by the hundreds , hardly any were working ,,, This was a great corn producing area ,, Why this waste of money ,no wind ,no power ,, Of course we still have the big wind Obama and Al Gore

  3. Romney didn't win so it is time we put pressure on the congress to do its job and stop this legislation by the Obama administration thru the use of agency regulations and Executive Orders. Before that can happen we need to get rid of Boehner, Cantor, McConnell and Reid. Getting rid of Piglosi would be a plus. Our elected officials have become such believers in big government they sat around this session and waited for big government to do their job. Now look what we have; bigger government and an irrelevant congress.

  4. elysianhunter says:

    Not only should the EPA be abolished, Obama should be impeached and thrown out as well. Not just for his war on domestic energy, but for many other scandals and ineptitudes that make Nixon look like a choirboy and Bill Clinton look like a paragon of virtue by comparison.

    However, even if neither of those things happen, we the people need to make Congress VERY AWARE that we are paying attention and that they need to do everything in their power to block Obama's attempts to destroy the coal industry. The midterm election is a very short two years away.

  5. The standard was contrived by the EPA to eliminate coal fired power plants, part of the goal of the Communists to ruin American industry.

  6. Dan Stewart says:

    Why is obummer still in office? It is clear, even if you ignore the 'natural born' clause, that he is a criminal. The lame stream media should be thrown in jail & obummer, well what usually happens to traitors. The crimes that obummer has perpetrated on the US should be enough to at least get him out of office. Never before have there been so many 'dumb as rocks' people in the US. This, of course is what the dems have been shooting for the last 100 years. When people are this dumb, they believe anything the dems tell them, especially if they get a few free goodies in the process. When the money runs out & the free goodies stop, they will be the first to start screaming.

  7. John Stewart says:

    If the EPA (energy packed a$$hole$) were so knowledgeable, why do they keep having to continually delay so they can reference their decisions? Most of which are full of a methane producer.

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