Does the UN’s Paris climate agreement provide EPA the power to unilaterally impose a cap and trade scheme on all 50 United States?

Lawyers for climate pressure groups claim it does.

They want EPA to use an obscure provision of the Clean Air Act, Section 115, to take total control over American energy.

Section 115 deals with pollution “which may reasonably be anticipated to endanger public health or welfare in a foreign country.”  EPA outrageously defines CO2, the gas you just exhaled, as “pollution.”

Section 115 requires that a foreign country reciprocate by granting “essentially the same rights with respect to the prevention or control of air pollution occurring in that country.”

That’s where the UN climate agreement comes in.  These lawyers argue that since 190 countries agreed to reduce their emissions in Paris, the requirements of Section 115 have been met and gives EPA carte blanche.

Congress decided not to impose a cap and trade plan on the states.  Now they are in danger of having one foisted upon them.

Take a look at the detailed write-up by The Daily Caller’s Michael Bastasch we posted here at

In recent years EPA has seized upon every rationale it can come up with to expand its power, doing great damage to the American economy and energy production in the process.

This legal ploy may provide an opening for EPA to launch its most damaging power grab yet.


  • Craig Rucker is a co-founder of CFACT and currently serves as its president.