by Steve Milloy, E&E Legal Senior Policy Fellow and Junkscience.com Founder
As appearing in the Daily Caller
The Environmental Protection Agency officially proposed to terminate what President Trump has long called the “climate hoax.” If successful, the federal government will be out of the climate regulation business with no hope of returning to it without congressional authorization.
The Trump EPA proposed to rescind a 2009 Obama EPA rule called the “endangerment finding.” In that rulemaking, the Obama EPA determined that emissions of greenhouse gases threatened human health and welfare by causing global warming. Simultaneously with the EPA proposal, the Trump Department of Energy issued a scientific report summarizing why emissions are actually a good thing and threaten nothing.
The scientific findings, however, are superfluous since EPA never had express authority from Congress to regulate greenhouse gases under the Clean Air Act in the first place. Controversy and litigation about EPA’s authority to regulate greenhouse gases resulted in the 2007 Supreme Court decision in Massachusetts v. EPA. In that case, the Court determined in a 5-4 holding that EPA could, but did not have to, regulate emissions.
But the decision was controversial. Clean Air Act co-author and famed Democrat Congressman, the late John Dingell, afterwards stated: “I think the Supreme Court came up with a very much erroneous decision on whether the Clean Air Act covers greenhouse gases. I was present when we wrote that legislation and we thought it was clear enough that it did not, and we didn’t clarify it thinking that even the Supreme Court was not stupid enough to make that finding.”
