December 23, 2013

CFACT files amicus brief with Supreme Court:

EPA emissions rules violate Constitution’s separation of powers

They are harmful, arbitrary, capricious and fraudulent

Washington, DC: The Committee For A Constructive Tomorrow has filed an amicus curiae brief with the U.S. Supreme Court, in support of petitioner Southeastern Legal Foundation in its action on the merits of the Environmental Protection Agency’s claim that atmospheric carbon dioxide “endangers” the public health and welfare of American citizens, by “contributing to” climate change. CFACT argues that –

  1. To advance its global warming and energy policy objectives, EPA has attempted to rewrite the Clean Air Act and regulate greenhouse gas (GHG) emissions from stationary sources, in violation of the Constitution’s separation of powers provisions.
  2. EPA’s actions are fundamentally flawed and contrary to the public interest, because: (a) the agency failed to consider the adverse impacts that its regulations will have on the health and welfare of Americans, and on wildlife and environmental quality; (b) its findings of harm are contrary to mainstream climate science, empirical data and unbiased analyses; and (c) even full compliance with EPA’s destructive regulations would achieve zero benefits, because emissions from other countries will continue increasing total atmospheric GHG levels.

Through these illegal actions, EPA seeks to control CO2 emissions from vehicles, electrical generating plants, and eventually nearly everything Americans make, grow, ship, eat and do. The regulations will adversely affect our livelihoods, liberties, living standards, legal system, health, welfare and life spans.

The brief was written by CFACT senior policy analyst Paul Driessen and counsel of record Paul Kamenar, who earlier this year wrote the Committee’s amicus brief in support of SLF’s petition for certiorari in this case. Their analysis details how EPA repeatedly violated Constitutional provisions that only Congress can write laws, whereas the Executive Branch is required to follow the laws as written, and not as it might wish the laws had been written. To cite just one example, EPA changed clear Clean Air Act provisions from 250 tons per year of carbon dioxide to 100,000 tpy, to cover coal-fired power plants but not millions of other industrial facilities, apartment buildings, hospitals and even homes at this time.

CFACT’s brief also underscores the harmful, arbitrary, capricious and even fraudulent character of EPA’s ruling. EPA’s regulations will severely impact the physical and psychological well-being of millions of Americans, by raising energy and business operating costs, causing numerous layoffs, impairing family incomes, and causing greater stress on people forced to go on welfare or work multiple jobs for lower pay, increased risk of heart attacks and strokes, higher incidences of depression and alcohol, drug, spousal and child abuse, and generally lower life expectancies. The agency’s GHG rules will also force greater reliance on wind turbines, which kill millions of birds and bats every year.

The brief notes that EPA conducted no scientific analysis of its own but relied almost entirely on Inter-governmental Panel on Climate Change findings. It summarizes many of the questionable to fraudulent methods the EPA and IPCC used to justify their conclusion that CO2 is causing “dangerous” climate change, contrary to a growing body of mainstream science that shows any changes are natural in origin.

The brief augments comments and testimony by CFACT experts to EPA on the carbon dioxide “endangerment” matter, numerous articles for newspapers and online news centers, the outstanding work of our website, and programs presented before UN climate conferences.

CFACT amicus brief to US SCt in SLF v EPA – Dec 2013


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In the Supreme Court of the United States


 Read the brief


CFACT’s prior brief in support of the petition for certiorari


  • CFACT Ed

    CFACT -- We're freedom people.