The Supreme Court helps the EPA shut off electricity in America

By |2014-05-03T23:53:44+00:00May 3rd, 2014|Uncategorized|21 Comments

April seems to be the month in which the Supreme Court devotes itself to decisions that have no basis in real science and can do maximum damage to the economy. Invariably, the cases are brought against the Environmental Protection Agency and are decided in its favor.

In April 2007, the Court decided that carbon dioxide, the second most essential gas for all life on the planet, was “a pollutant”, the definition the EPA had applied to it in order to regulate it. Now comes word that the Court had concluded that the EPA may regulate power-plant emissions that blow across state lines as per a 2011 regulation, the Cross-State Air Pollution Rule. Not content having put nearly 150 or more coal-fired power plants out of commission, the Court’s rule now gives them the authority to do the same thing to about a thousand power plants in the eastern and western regions of the U.S. that will have to adopt new pollution controls or reduce operations.

Power Lines3In effect, the Court has just agreed to a regulation that represents a major increase in the cost of electricity in 28 states deemed to be polluting the air in those around them. The EPA’s claims that this will save lives they attribute to the alleged pollution is as bogus as all the rest of their claims, the purpose of which is to undermine the nation’s economy in every way it can.

James M. Taylor, the Heartland Institute’s Senior Fellow for Environmental Policy, said of Tuesday’s decision that, “It is a shame that the U.S. Supreme Court continues to empower EPA to issue nonsensical interpretations of statutes with the primary goal of amassing more money and power.”

Every day the press is filled with reports of environmental groups suing to ensure that no new providers of electricity can be built. The Environmental Protection Agency has instituted all manner of regulations intended to shut down coal-fired plants and they are based on the total lie that carbon dioxide and other “greenhouse gases” are causing the Earth to warm. The science cited is entirely without merit and the Earth is cooling, not warming, and has been for the past 17 years.

As winters grow colder, it is putting a tremendous demand on the nation’s electrical grid. In a recent commentary, Steve Gorham, the author of The Mad, Mad, Mad World of Climatism: Mankind and Climate Change Mania, quoted Philip Moeller, Commissioner of the Federal Energy Regulatory Commission, as saying that “the experience of this past winter indicates that the power grid is now already at the limit.”

“EPA policies,” said Gorham, “such as the Mercury and Air Toxics rule and the Section 316 Cooling Water Rule, are forcing the closure of many coal-fired plants, which provided 39% of U.S. electricity last year. American Electric Power, a provider of about 10% of the electricity to eastern states, will close almost one quarter of the firm’s coal-fired generating plants in the next 14 months. Some 89% of the power scheduled for closure was needed to meet electricity demand in January. Not all of this capacity has replacement plans.”

Before Obama was elected, coal-fired plants provided 50% of the nation’s electricity.

What is the Obama Administration’s response to this? It is pouring billions into the wind and solar energy sector that provides barely 1% of all the electricity used in the nation and can never begin to replace traditional plants.

In an April 25 letter  to the House Ways and Means Committee, the American Energy Alliance, joinedpowerplantshutdown by 30 other organizations, expressed opposition to the Wind Production Tax Credit: “The PTC has been a failure for taxpayers and ratepayers. In exchange for tens of billions of dollars in handouts to wind producers, the states with the highest wind production have seen their electricity rates increase nearly five times faster than the national average. In fact, states with at least 7% wind power have seen their electricity rates increase at an average of 17.4% over the last 5 years compared to an increase of only 3.5% for the U.S. as a whole”  Why, indeed, are taxpayers being required to sustain providers of wind power that would not be able to stay in business otherwise?

In addition to the fact that you cannot manufacture anything without the use of electricity, a deliberate effort is being made to ensure that vast sections of the nation will not be able to receive electricity to warm homes and businesses in the winter and cool them in the summer. Simply put, people will die for lack of the warmth and coolness needed, not from the phony pollution the EPA cites.

This is the heart of an environmental agenda that views the human population as “a cancer” that needs to be vastly reduced. This agenda is directed from the United Nations and its Intergovernmental Panel on Climate Change that falsely claims that humans have a vast impact on the climate. They do not. Human activity barely, if at all, affects the climate. What does? The Sun! Add in factors that include the Earth’s oceans and volcanic activity, and it should be obvious that everyone is being targeted for extinction.

In an article, “The EPA’s Science Problem, Arnold Ahlert noted in early April that, “In a stunning admission, EPA administrator Gina McCarthy revealed to House Science, Space and Technology Committee chairman Rep. Lamar Smith (R-TX) that the agency neither possesses, nor can produce, all the scientific data used to justify the rules and regulations they have imposed on Americans via the Clean Air Act. In short, science has been trumped by the radical environmental agenda.”

The Obama Administration has done everything in its power to restrict and slow down access and use of America’s huge energy reserves, enough to ensure all the electrical power we will need for hundreds of years to come. The same policy applies to transportation’s petroleum needs. Oil and gas production on federal lands is down 40% from levels 10 years ago.

According to the Institute for Energy Research, “North America has enough oil to fuel every passenger car in the U.S. for 430 years, enough natural gas to provide the U.S. with electricity for 575 years, and enough coal to provide electricity for about 500 years.” And that’s based on known reserves. They are, however, of little use if the Obama administration continues its efforts to restrict access to them.

In an August 2013 Washington Times commentary, Ben Wolfgang warned that the EPA, the Energy Department, and other agencies’ “working group” quietly raised “their estimated social cost of carbon from $21 per ton of emissions to $35 per ton.”  The upshot was that, “The dramatic increase greatly alters cost-benefit analyses offered by the EPA when floating rules, allowing the agency to claim that billions of dollars will be saved over a period of decades as a result of proposed limits on power plant emissions, tougher fuel economy standards and other steps.”

The “social cost” is a complete invention, a fiction without any basis in fact. It is a device to further restrict access and use of all fuel sources.

Americans had better wake up to the fact that their government—the Obama Administration—is doing everything in its power to cut off the provision of electrical power and access to transportation fuel that it can. And the Democrats in Congress, particularly Senate Majority Leader Harry Reid, are doing everything to advance this agenda by blocking any legislation generated in the House to counter this agenda.

In November, the midterm elections offer an opportunity to elect enough Republicans to secure control of the Senate and increase its strength in the House.

Let me end with the good news. Despite what the enemies of energy are doing, the energy sector—coal, oil, and natural gas—in the decade ahead is going to grow, going to generate many new jobs, and is going to help dig us out of the huge government debt that too much borrowing and spending has generated.


  1. Peter Alexander May 5, 2014 at 3:09 PM

    40 plus years of changing regulations…how is industry able to plan when regs. can change as investments are made..H2SO4 scrubbing worked…because a standard was set and compliance was accomplished…every other goal line is moved in both directions…CO2 regulations! DUMB and costly….the best way to Clean Air is clean house of political pawn$….

  2. paasingby May 5, 2014 at 5:57 PM

    Germany plans to build 60,000 new wind turbines — in forests, in the foothills ……….
    60,000 turbines x 45 cement mixer lorries per turbine x 20 tons of cement per lorry.
    = 54,000,000 tons of cement in pristine countryside.

    every wind farm is a city of concrete.

    • Arationofreason May 6, 2014 at 5:17 PM

      Not to mention 6 years of operation of each wind turbine to pay back the energy(co2) locked up in its concrete base. That is 360,000 turbine years or energy generatio locked up in their concrete bases.

      • paasingby May 6, 2014 at 5:49 PM

        and the life span of a turbine is reckoned to be not much more than 10 years.

  3. Frederick Colbourne May 6, 2014 at 12:40 AM

    The first step the GOP-led Senate should take come 2015 should be a one-page amended budget that defunds all agency activities related to vehicle and stationary emissions including enforcement as an interim measure until the EPA and the President can come up with revised plan that will protect the US economy from zealots within the EPA. .

  4. WHY May 6, 2014 at 10:54 AM

    Thank you Alan Caruba for the article and especially for ending it on a positive note.

  5. yaki534 May 6, 2014 at 11:06 AM

    It is this kind of horse pucky that a lot of industry has located off shore and making all the jobs follow. DEFUND THE EPA!

  6. MM59 May 6, 2014 at 11:12 AM

    “In November, the midterm elections offer an opportunity to elect enough
    Republicans to secure control of the Senate and increase its strength in
    the House.”

    Bad advice.

    If you examine the record of the Republicans, you will find that they have supported all these policies by their votes.

    We all need to wake up and realize that both parties are corrupt to the core and both advance these destructive policies using different marketing messages. Who signed the Agenda 21 Treaty in Rio in 1992, as just one example. Stop blaming Obama – the Republicans control the House and therefore the purse strings. They also pushed through the 2005 and 2007 energy bills, bringing you the smart grid, which will take away local control and drive your home electricity costs through the roof.

    In November, vote for INDEPENDENTS – as many as are on your ballots. if you are registered as a Democrat or Republican, de-register and become independent.

    In Florida, you have an opportunity to get rid of Scott, reject Crist and vote for an independent – Adran Wyllie.

    You want to save this republic – stop electing the club members who have destroyed this once great nation. Insanity is doing the same thing over and over again and expecting a different result. Stop the insanity in Nov 2014.

    (And if you believe that fear mongering propaganda that an independent can’t win – then explain 1860 and Lincoln to me. The only reason independents can’t win is stupid people succumb to the fear of the “club”.)

  7. BigSkyTexan May 6, 2014 at 12:11 PM

    This should clue Republicans on their response to the latest WH alarmism in support of the EPA war on coal. If I were a Republican congressperson I would hammer this line, “The Obama admin is pulling the plug on your winter heat.”

  8. Bob Armstrong May 6, 2014 at 12:32 PM

    One incidental correction : CO2 is not the 2nd most essential gas for life ; it’s THE most essential . Life exists only because all the O2 we animals require was locked in a perhaps 30% CO2 atmosphere until photosynthesis emerged .

  9. Eckenhuijsen Smit May 6, 2014 at 12:36 PM

    As always: many congratulations for you and all other CFACT cooperators to provide the truth against all the lies of Barry Hussein Obama and his just as despicable ilk.
    What you write should be teached in all schools and universities to contravene the Obama stupidities!.

  10. Concerned May 6, 2014 at 1:02 PM

    It is now up to Congress to reign in the EPA. Congress must set the standards and boundaries in which the EPA can operate. The EPA’s claims for a given pollutant MUST be proven and reviewed and approved by a neutral scientific board. They cannot continue to say “The IPCC thinks CO2 is the problem.” It must be proven and if not proven to the satisfaction of congress, EPA actions must then be delayed until they can prove their position. Get the politics out of these actions and decisions.

  11. Mr Lou J Apa May 6, 2014 at 1:21 PM

    Time for lights out at SCOTUS!

  12. geo brecke May 6, 2014 at 2:17 PM

    I think the auto Industry is a great example of the problem, A company can invest millions in meeting a new EPA requirement, one far more strict than the EUs, and with zero assurance they can recover their investment before the bar is ratcheted up again. Of course, the far left thinks there’s no need for profit, in fact it’s an evil thing.

  13. Carol May 6, 2014 at 2:45 PM

    Every single thing I read anymore is total agenda. And I still havent seen the stats for their global warming scam.

  14. paasingby May 6, 2014 at 5:51 PM

    even if you believe this baloney,

    just read over at Jo NOva that man adds 4% to the worlds total co2 output.

    So let’s pretend that co2 has added a degree of warming.

    So Man is responsible for 0.04 of a degree of that 1 degree of warming. Dam the natural world for the rest.

  15. DevilsAdvocateAC May 6, 2014 at 6:01 PM

    awww guys.. i was willing to take you seriously as science based detractors… but you provided no links to scientific papers and then went into this conspiritorial diatribe about the EPA trying to exterminate the human race?

    now you guys are REALLY discredited.

  16. Vangel May 6, 2014 at 6:39 PM

    Both sides of this issue have a serious problem. The EPA and the left are destroying the economy because there is no understanding of reality or the science on the part of the regulators. On the other side, the right keeps assuming that shale oil and gas are economic when the actual data shows that outside of a few core areas shale production is a destroyer of capital. The latest ND data shows that the Bakken is in big trouble. Even though the number of producing wells over the past two years has doubled the per well production rate has fallen from 142 bpd to 126 bpd. Since production is highest in the first days of production and depletion is steep the numbers indicate a serious problem with the shale story. No wonder none of the primary shale producers can generate positive cash flows and their management keeps talking about funding gaps on conference calls.

  17. Irvan May 6, 2014 at 10:31 PM

    The EPA was put in place to control oil improtes not to fool with the electrial systems within the US. They CAN”T, or won’t do the job they were established for, so what makes them think they can HELP(?) the production of electricity?

  18. Eckenhuijsen Smit May 8, 2014 at 9:56 AM

    The black robed men and women of the US High Court never inspired me with much faith, but now they show even not to be decent enough to declare themselves incompetent to rule on the question if atmospheric CO2 ‒natural + manmade‒ is in any way good or bad for the Globe.
    The Obama imposed puppets are obviously not educated enough to know that atmospheric CO2 is absolutely indispensable for all life on earth and thus they should shut up.

    • Vangel May 8, 2014 at 10:40 AM

      The primary purpose of the Supremes is to expand federal power. Why would anyone expect competence or justice?

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