Bipartisan push to corral runaway EPA
posted at 3:35 pm on March 5, 2010 by Ed Morrissey
The alarm over a power grab by the EPA based on an endangerment finding on carbon dioxide became bipartisan yesterday. Senator Jay Rockefeller (D-WV) introduced a bill to slap a two-year moratorium on any enforcement action by the EPA in an attempt to protect his home state’s coal industry. The bill puts into jeopardy the “Plan B” of the White House on global-warming policy:
As climate change legislation stalled in the Senate, the Obama administration noted that it had a workable — although admittedly unwieldy — Plan B. If Congress wouldn’t cap U.S. emissions, officials said, the Environmental Protection Agency would do it instead.
Now, even Plan B may be in trouble.
On Thursday, Sen. John D. Rockefeller IV (D-W.Va.) introduced a bill that would put a two-year freeze on the EPA’s ability to regulate greenhouse gases from power plants. His was the latest of various congressional proposals — from both chambers and both parties — designed to delay or overturn the EPA’s regulations.
It is unclear how far Rockefeller’s bill will go. Even if it passed, it could face a presidential veto. But environmentalists are worried that the measure could attract moderate Democrats, who are worried, in turn, about driving up the prices of fossil fuels such as oil and coal.
And, in a broader sense, activists are concerned about a loss of momentum for action on climate change.
If they’re worried about lost momentum, they’re looking in the wrong place. Conservatives and moderates are simply reacting to a collapse in the supposedly “settled” science of anthropogenic global warming at the IPCC. The UN body’s work has been exposed as mainly based on advocate claims, student dissertations, and work done by organizations like the East Anglia CRU that actively hid data and conspired to undermine their critics.
The EPA has also not helped their case, specifically regarding West Virginia. The agency has blocked permits for coal operations, putting hundreds and possibly thousands of jobs in danger in a state that relies on coal for its economy. Rockefeller has to be accountable to those constituents, although his colleague from West Virginia doesn’t feel quite the same responsibility:
Sen. Robert C. Byrd (D-W.Va.), coal state colleague of Sen. Jay Rockefeller (D-W.Va.), said he won’t back Rockefeller’s legislative efforts to limit the power of the Environmental Protection Agency to regulate carbon dioxide emissions from coal-fired plants.
Byrd’s statement is a setback for Rockefeller’s effort to limit EPA’s power under the Clean Air Act. EPA, to defuse such efforts, has voluntarily said it would not regulate CO2 emissions from stationary sources of those emissions for a year or so to give Congress time to come up with its own climate bill.
Byrd notwithstanding, Rockefeller is likely to get support from moderate Democrats, especially those from coal-producing states. He argues that the EPA should not be in charge of setting policy in the first place, and that their effort usurps Congress’ role in that sense. Nor is the effort limited to the House on that score, either:
Sens. Blanche Lincoln (D-Ark.), Mary Landrieu (D-La.) and Ben Nelson (D-Neb.) are co-sponsoring a “resolution of disapproval” introduced by Sen. Lisa Murkowski (R-Alaska). It calls for Congress to overturn the EPA’s finding that greenhouse gases are a danger to public health and welfare, the trigger for the agency’s efforts to regulate them.
In the House, Agriculture Committee Chairman Collin C. Peterson (D-Minn.) and Armed Services Committee Chairman Ike Skelton (D-Mo.) have introduced a measure similar to Murkowski’s. Rep. Earl Pomeroy (D-N.D.) proposes to strip the EPA of its authority to regulate pollution linked to global warming. And House Natural Resources Committee Chairman Nick J. Rahall II (D-W.Va.) and Reps. Alan B. Mollohan (W.Va.) and Rick Boucher (D-Va.) have said they will introduce a companion bill to Rockefeller’s.
Plan C, anyone?










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Yet more evidence that Byrd is not authoring the missives coming from his office.
MarkTheGreat on March 5, 2010 at 3:39 PM
Except Illinois’ senators.
WashJeff on March 5, 2010 at 3:42 PM
I’d be willing to support a bipartisan bill that stops the ultra left EPA from creating worse trouble.
Oink on March 5, 2010 at 3:43 PM
Give the states their land back so the citizens of the state can determine how to use their land.
WashJeff on March 5, 2010 at 3:43 PM
Obama just doesn’t give a flip who gets hurt, so long as he gets the hurt done.
If coal weren’t an issue for Rockefeller, I’m sure he’d be all for cap, and trade. However…I’ll count blessings that some Democrats are taking this very seriously. This will be another massive blow to the economy, and jobs. Something we just don’t need more of.
capejasmine on March 5, 2010 at 3:44 PM
I would rather see the Obama administration attempt to regulate CO2. This is something that once energy prices rise would be super easy to roll back, via defunding, and a tangible example of overreach.
dIb on March 5, 2010 at 3:44 PM
Martial Law, after Obowma totally destroys our economy…
Seven Percent Solution on March 5, 2010 at 3:44 PM
I will support the bipartisan effort to kill ObamaCare too.
WashJeff on March 5, 2010 at 3:44 PM
Yep, it looks as if there is an unelected Dem Senator from W. Va. Who is it?
d1carter on March 5, 2010 at 3:44 PM
Barry is not going to like this.
Welcome to the world of executive decisions.
Knucklehead on March 5, 2010 at 3:45 PM
Related parody: EPA Administrator Holds Congress Hostage in Separation of Powers Standoff http://optoons.blogspot.com/2009/12/epa-administrator-holds-congress.html
Mervis Winter on March 5, 2010 at 3:46 PM
WV, Pennsylvania, Ohio, Virginia, Wyoming, (and feel free to fill in other major coal producing states) begin to see through the smog of the EPA and AGW.
Whats more important….more coal and energy, or less CO2? Lets see….no energy…people die.
More CO2 (its not true but let’s go with it)….more arable larger crop yields…more food for everyone.
Hmmmmmm…..this is tough….right up there with “who really pays taxes”……
BobMbx on March 5, 2010 at 3:48 PM
Can’t wait to see Specter and Sestak’s positions on this. Heh.
Wethal on March 5, 2010 at 3:48 PM
Rockefeller is chair of the Subcommittee on Health Care, member of the United States Senate Select Committee on Intelligence, and chair of the Committee on Commerce, Science, and Transportation.
A veto of his legislation by The One would be epic. Pudding-level epic.
amerpundit on March 5, 2010 at 3:53 PM
Hmmmmmmmm…
dIb on March 5, 2010 at 3:54 PM
Theodin from Lord of the Rings?
David Shane on March 5, 2010 at 3:56 PM
About freakin’ time. What would America lose if the EPA was simply disbanded?
hawksruleva on March 5, 2010 at 3:56 PM
I feel an executive order coming on if this should pass.
historian on March 5, 2010 at 3:56 PM
Blanche, Ben, and Mary have a remarkable resemblance to the proverbial dog trying to pass peach pits. Ben, we appreciate the effort, but 2012 looms close for ya, doesn’t it?
a capella on March 5, 2010 at 3:58 PM
PS – second story in a row about an overactive executive.
David Shane on March 5, 2010 at 3:59 PM
Well Lisa Murkowski is digging herself out of a hole. They have almost stopped all coal production up here this winter due to the EPA and Salazar.
I hope this goes through….
upinak on March 5, 2010 at 4:05 PM
He’s also one of the wealthiest Senators. I don’t count Kerry the
Goldketchup-digger. The Rockefellers are old money, and they have old friends. Very influential.BobMbx on March 5, 2010 at 4:05 PM
More like Robert the Bruce’s father in “Braveheart”.
BobMbx on March 5, 2010 at 4:07 PM
You’re more than a day late and billions of dollars short, John Boy. You can’t fix stupid, even with JD Rock’s money. Good luck, WV.
Philly on March 5, 2010 at 4:07 PM
Plan C, anyone?
BDU-33 on March 5, 2010 at 4:08 PM
Sanity in a sea of insanity? While they’re at it, they need to strip the EPA of regulatory power and make it an advisement agency only.
We’re just being hit from all sides from the left. Apparently they think people will just come to accept all their dictates … they are horribly, horribly wrong.
darwin on March 5, 2010 at 4:09 PM
Only colonel? I didn’t realize the man was so humble.
I’m awed….
karl9000 on March 5, 2010 at 4:14 PM
Off topic, but who is this moron congresswoman on Cavuto? She keeps repeating the talking point “trending in the right direction, trending in the right direction”. She must believe that if you repeat an Obamalie enough times that it becomes true.
Philly on March 5, 2010 at 4:14 PM
Speculative exercise: A will can be contested on the grounds that the person was not in their right mind when they signed it. Is there any protection built into our government along similar lines? Since there are no term limits, any number of “repeater” congress critters could eventually descend into doddering senility (how would we even know?).
bofh on March 5, 2010 at 4:15 PM
Not to pick, Ed, but shouldn’t the line:
say “Nor is the effort limited to the Senate” ? I got kind of confused when I read that since you were talking about the Senate up to that point and only then was the House introduced.
Kelligan on March 5, 2010 at 4:29 PM
Rockefeller should have proposed a three year freeze. That would have taken the issue out past the current administration, and would have been a huge poke in the eye for same.
paul1149 on March 5, 2010 at 4:36 PM
Thanks, Tricky Dick, for the EPA! Yay!
Akzed on March 5, 2010 at 4:39 PM
Sen. John D. Rockefeller IV (D-W.Va.) was heard to say, it’s just not that much fun being a Progressive anymore…..
Dr Evil on March 5, 2010 at 4:44 PM
Poor Barry, screwed again. Oh to have the power of a Castro or Chavez!
GarandFan on March 5, 2010 at 4:59 PM
Ed, there is no such thing as a moderate Democrat(ic).
Blarg the Destroyer on March 5, 2010 at 5:13 PM
mrt721 on March 5, 2010 at 5:13 PM
I hope the couple of extra bucks Rockefeller brings home in graft is worth the destruction of your entire way of life West Virginians. I hope you remember it when none of you can make a living.
TheBigOldDog on March 5, 2010 at 6:02 PM
Couldn’t agree more. There was a letter, supposedly written by Byrd this week, that referred to
“Glennbeckistan”. There is no way in Hades that Sen. Byrd wrote that. It really makes you wonder if he is even functional at all. Who is running the office? Who is making decisions? How about some old-fashioned investigative reporting Old Media?
humdinger on March 5, 2010 at 6:25 PM
Not only should the EPA go, but so should the Dept. of Energy. That was created under Carter, to make us energy independent, and hasn’t done anything except spend their annual budget of 25 or 35 billion dollars. We aren’t anymore energy independent now than we were then. Sad to say, but this dept was also under Reagan, Bush, Clinton, Bush, and now 0bama. WTF!?!?
Mirimichi on March 5, 2010 at 6:40 PM
Other than Lisa Murkowski, I didn’t read much about Republicans on this issue! They should be banging down J. Rocky’s door for this!
I work for a company that helps companies get environmental permits for power plants, and things are VERY quiet here. I wonder if power companies are afraid of CO2 taxes from the EPA, and won’t commit to building anything until this is resolved. Congress can help, but will they do anything before the vote on ObamaCare?
Steve Z on March 5, 2010 at 6:45 PM
You have my vote. Meanwhile the administration is trying for a large land grab (Monument Status) in the west to lock up more resources.
chemman on March 5, 2010 at 7:10 PM
A two-year moratorium? Sweet! That means it would expire during The One’s re-election campaign. I’d love to see ObaMao explain away climategate and the need for energy price hikes during a national debate.
SalHansen on March 5, 2010 at 7:36 PM
Senator Byrd is not a spring chicken anymore. I am not sure he is really saying anything maybe there is a sock puppet in his Senate office?
Dr Evil on March 5, 2010 at 7:51 PM
Funny, but who knows it could come sooner than we can only imagine.
wi farmgirl on March 5, 2010 at 10:19 PM
Another Orwellian power grab is happening in real estate. Under the guise of protecting babies and children from lead based paint the EPA has placed rules in place that will require anyone working on a home built before 1978 to have a new license, EPA training, and fines and criminal penalties that are exorbitant. Any painter, carpenter, plumber,etc. will have to obey these new rules. EPA will collect billions in fines and fees while destroying the home improvement industry. Homes will be devalued if built before 1978 because the cost of repairs and maintenance will skyrocket. This is another bogus safety concern that only protects Big Brother’s treasury. This is National, A Disgrace, and effective April, 22, 2010. The EPA must be reigned in!! Just wondering if Obama’s Caulkers and Green weatherization cronies will go by the new rules.
Marco on March 5, 2010 at 11:06 PM