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Entries in EPA (463)


CEI Today: Supreme Court on labor unions, Obamacare, EPA; new federal regulations on the books 

Monday, June 30, 2014
In the News Today

SUPREME COURT RULING - ALOYSIUS HOGAN & TREY KOVACS What’s at Stake in Monday’s SCOTUS Decision on Harris v. Quinn

Today, the U.S. Supreme Court is scheduled to decide Harris v. Quinn, a case that threatens serious consequences for personal care workers, such as daycare and home health care providers. Labor policy experts at the Competitive Enterprise Institute, senior fellow Aloysius Hogan and policy analyst Trey Kovacs, have been following this case closely. Both Hogan and Kovacs cite two big issues at stake with this case:

1) Forcing private employers, employees, and independent contractors to be government employees
2) Threatening individuals’ First Amendment right to freedom of association
> Read more

> Interview an expert

HOW MANY NEW FEDERAL RULES? - WAYNE CREWS Number of Proposed and Final Rules in the Federal Registers



The actual numbers of proposed and final rules published in the Federal Register—not just the page counts such rules command—merit close attention. The chart shows how, in 2013, rules finalized dropped by 1.3 percent, from 3,708 to 3,659. (In a future column we’ll examine some possible reasons for this recent decline). Obama’s first year in office brought 3,503 rules, so the increase since then is four percent.

 > Read more

> Interview Wayne Crews

Infused with the Festivus spirit, I’m airing the following grievances regarding the Supreme Court’s ruling in UARG v. EPA, which was rendered Monday:

Grievance #1, to the Supreme Court: Why Didn’t You Heed Your Own Words!?!
> Read more

> Interview William Yeatman


John Tierney Channels Julian Simon, Debunks Environmental Gloom and Doom

The idea that we’re running out of natural resources seems obvious, though untrue. How can that be? Resolving this conundrum requires understanding why human ingenuity is the Ultimate Resource, as the late economist Julian Simon called it in his classic book by that name. First published in 1981, its insights remain valuable today.

For an in-depth look into Julian Simon’s legacy, we turn to John Tierney, longtime New York Times columnist, science writer, co-author of Willpower: Rediscovering the Greatest Human Strength, and winner of the Competitive Enterprise Institute’s 2014 Julian L. Simon Memorial Award. He holds court this week on RealClear Radio Hour. > Read more

Apply for CEI's Journalism Fellowship!

CEI's Warren T. Brookes Journalism Fellowship is a one-year fellowship that aims to provide journalists the opportunity to improve their knowledge of free markets principles and limited government through interaction with CEI policy experts. >


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CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government. For more information about CEI, please visit our website,, and blogs, and Follow CEI on Twitter!


Saturday, 10am ET

Lisa Kennedy Montgomery (“Kennedy”), host of The Independents on Fox Business



Cooler Heads Digest 27 June 2014 

27 June 2014


  • The Texas Public Policy Foundation this month published a new study by Kathleen Hartnett White titled, “Fossil Fuels: The Moral Case.” Click here to read the report.
  • The Digest will not be published next Friday, July 4. Happy Independence Day.

In the News

$10,000 Bet on Climate Change: Asking the Wrong Question
E. Calvin Beisner, Master Resource, 26 June 2014

ISIS and Doing Stupid S---
David Kreutzer, The Hill, 26 June 2014

House Committee Moves Secret Science Bill; Greens Fret
William Yeatman, Global, 26 June 2014

EPA Employees Told To Stop Pooping in Hallway (actual title!)
Eric Katz, Fedblog, 25 June 2014

EPA Joins IRA Lost E-mails Club
Erica Martinson, Politico, 25 June 2014

On Climate Change, Who Are the Real ‘Deniers’?
Cal Thomas, Washington Examiner, 25 June 2014

Global Warming Believers Deny Reality
Richard Rahn, Washington Times, 23 June 2014

Greenpeace in Financial Disarray
Adam Vaughan, Guardian, 23 June 2014

Act Locally, Wish Globally
Kevin Williamson, National Review Online, 23 June 2014

News You Can Use
Poll: More Than Half of Americans Don’t Believe in AGW

Daily Caller’s Michael Bastasch this week reported on a new Pew Research Center poll showing that 35 percent of Americans say there is not enough solid evidence that mankind is warming the Earth, while another 18 percent says the world has warmed due to “natural patterns” and not human activity. That’s a 53 percent majority against AGW.

Inside the Beltway
Myron Ebell

Supreme Court Talks Tough, Then Turns EPA Loose

The Supreme Court on Monday, 23rd June, handed down its decision on the appeal of the EPA’s endangerment finding. The court’s decision was written by Justice Antonin Scalia.  He used very strong language several times to scold the Environmental Protection Agency for wanting to expand their regulatory authority beyond statutory limits.  For example, on page 19, Scalia writes:

“The fact that EPA’s greenhouse-gas-inclusive interpretation of the PSD and Title V triggers would place plainly excessive demands on limited governmental resources is alone a good reason for rejecting it; but that is not the only reason. EPA’s interpretation is also unreasonable because it would bring about an enormous and transformative expansion in EPA’s regulatory authority without clear congressional authorization. When an agency claims to discover in a long-extant statute an unheralded power to regulate ‘a significant portion of the American economy,’ Brown & Williamson, 529 U. S., at 159, we typically greet its announcement with a measure of skepticism. We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”

That sounds good, and many opponents of the EPA’s regulation of greenhouse gas emissions using the Clean Air Act have hailed the decision as finally pushing back against the EPA.  The Wall Street Journal, for example, called the decision “a constitutional tutorial for Obama” and “a smackdown” and claimed that “the Justices feed several major climate regulations into the wood chipper.”

That is the rhetoric of Scalia’s majority decision, but the substance is quite different.  As Scalia notes, the Court’s decision allows the EPA to regulate 83% of greenhouse gas emissions from stationary sources instead of the 86% that EPA proposed to regulate.  My CEI colleague, William Yeatman, offers expert commentary on

The opinion written by Justice Samuel Alito, with the concurrence of Justice Clarence Thomas, is much more coherent and well-reasoned than Scalia’s decision.  It is worth reading and can be found at the end of the Supreme Court’s online post.

Obama Celebrates First Anniversary of Climate Plan

President Barack Obama marked the first anniversary of his climate action plan on 25th June by speaking at the annual fundraising dinner of the League of Conservation Voters.  It was a bland speech except for his excoriation of climate change deniers in Congress.  The president once again did not mention that he never mentioned that he would concentrate on climate policies in his second term during his 2012 re-election campaign.  

On the same day White House officials and Treasury Secretary Jack Lew met with Tom Steyer, the California billionaire who has spent millions opposing the Keystone XL Pipeline and promises to spend $100 million more to elect Democrats to the Senate this fall, and Hank Paulson, former Treasury Secretary and former head of Goldman Sachs. They discussed a new report that their group, Risky Business, released this week on the economic risks of global warming, particularly for big business.  The other principal in Risky Business is Michael Bloomberg, the billionaire former mayor of New York City. I never mention Paulson without pointing out that CEI actively opposed his confirmation as Treasury Secretary in the waning years of the George W. Bush administration. 

The visit by Steyer and Paulson to the White House was a bit too much even for Democrats in Congress who are trying to get re-elected by accusing billionaires Charles and David Koch of trying to buy the election for Republicans.  An unnamed House Democrat told the Washington Examiner, “It stinks.” 

House Passes Energy Bills for Senate to Ignore

The House of Representatives this week passed three access-to-energy bills.  H. R. 4899, the Lowering Gasoline Prices to Fuel an America that Works Act, was sent to the Senate, where it will die, by a vote of 229 to 185. The bill directs the Department of Interior to expand oil production in federal offshore areas and in the National Petroleum Reserve in Alaska.

H. R. 6, the Domestic Freedom and Global Prosperity Act, was sent to the Senate on a 266 to 150 vote. The bill expedites the permitting process for liquefied natural gas export terminals.  It was sponsored by Representative Cory Gardner (R-Colo.).   He is running for the Senate against incumbent Mark Udall (D-Colo.).  After Gardner introduced his bill, Udall quickly followed by introducing a similar bill in the Senate. 

Senate Majority Leader Harry Reid (D-Nev.) has been doing his best to keep his Democratic majority by not holding votes on anything, but he may have to allow a vote on Udall’s bill.  The Hill newspaper reported this week that Reid’s strategy may be starting to hurt endangered Democratic incumbents. It pointed out that Senator Mark Begich (D-Alaska), elected in 2008 and up for re-election this November, has never been allowed a floor vote on any amendment he has offered. Many other Senators have had the same experience. 

H. R. 3301, the North American Energy Infrastructure Act, was sent to the Senate, where it will die, by a vote of 233 to 173. The bill reforms the process for permitting pipelines that cross national boundaries by, among other things, removing the president from the decision-making process.

Across the States
Myron Ebell

Judge Requires Social Cost of Carbon in NEPA Analysis

According to a story by Manuel Quinones in Environment and Energy PM ($), a federal judge in Colorado has blocked the expansion of a coal mine operated by Arch Coal because the Bureau of Land Management did not give an adequate reason for not including an analysis of the social cost of the carbon dioxide emissions that the coal from the mine would produce in its Environmental Impact Statement under the National Environmental Policy Act.  The suit was filed by Wild Earth Guardians, the Sierra Club, and High Country Conservation Advocates. 

Around the World
Patrick Hannaford

Australia Set To Repeal Carbon Tax

Australia has taken another step towards repealing its carbon tax, with the Liberal and National Parties Coalition government this week securing the votes for its signature legislation to pass the Senate.

Set to hold 33 out of 76 seats when the new Senate, which was elected last fall,  takes office in July, the Coalition will depend on the support of a collection of independent and minor party Senators in order to fulfil its election promise.

That support was secured on Thursday, with an agreement between Prime Minister Tony Abbott and newly elected MP, Clive Palmer, whose Palmer United Party (PUP) is set to control 4 votes in the Senate.

Mr. Palmer agreed to support repeal of the carbon tax, on the condition the legislation ensured that savings be passed on to consumers. However, in a characteristically inconsistent decision, Mr Palmer announced that the PUP will vote against the abolition of the Clean Energy Finance Corporation, the Climate Change Authority, and the Renewable Energy Target – all set up in conjunction with the carbon tax.

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary, check out the Coalition’s website,


CEI Today: TSA body scanners, Supreme Court on EPA + broadcast cases, and more 

Tuesday, June 24, 2014
In the News Today


TSA BODY SCANNERS - MARC SCRIBNER One Year Later: TSA Still Flouting the Law on Body Scanners


Today, June 24, marks the one-year anniversary of the public comment deadline on body scanners and the TSA is still failing to comply with federal law and a federal court’s order. In addition to the empirical evidence that shows they don’t actually make us safer and the questions on the intrusion of traveler privacy, the TSA is violating the federal Administrative Procedure Act. > Read more


> Interview Marc Scribner

Monday, the Supreme Court ruled in Utility Air Regulatory Group v. Environmental Protection Agency (UARG v. EPA), striking down the EPA’s “tailoring rule,” but reaffirming the agency’s authority to regulate greenhouse gas emissions (GHGs) under the Clean Air Act. The Competitive Enterprise Institute (CEI) was a co-petitioner in the case with Southeastern Legal Foundation.

"With today’s decision in UARG, we at least have established a line in the sand regarding deference to agency decision making: The agency will not be permitted to blatantly re-write laws," said CEI Senior Fellow William Yeatman. "This is, alas, a pretty low bar."
> Read more

Supreme Court Ruling Expected in Broadband TV Case

A forthcoming Supreme Court ruling will impact how consumers view broadcast television. CEI and ICLE filed a joint amicus brief in American Broadcasting Companies v. Aereo, Inc. arguing that federal copyright laws protect ABC and other owners of broadcast television programs from unauthorized, uncompensated retransmissions, including those made by Aereo to paying subscribers. This case implicates not only broadcast television, but also nearly all audiovisual works publicly distributed free of charge, whether initially transmitted over cable television or the Internet. > View the amicus

> Interview an expert


Forbes: AT&T-DirecTV And The Neverending Folly Of Antitrust Regulation


This week, hearings occur in both the House and Senate Judiciary Committees on “The AT&T/DIRECTV Merger: The Impact on Competition and Consumers in the Video Market and Beyond,” as the latter puts it.

The heads of AT&T and DIRECTV should not even be in Washington. Yet, here they all are. Antitrust regulation is primarily about protecting the incumbent businesses. > Read more

> Interview an expert

Apply for CEI's Journalism Fellowship!

CEI's Warren T. Brookes Journalism Fellowship is a one-year fellowship that aims to provide journalists the opportunity to improve their knowledge of free markets principles and limited government through interaction with CEI policy experts. >


Sign Up for the Weekly Cooler Heads Digest!

Every Friday afternoon, we send out an electronic newsletter on the latest energy and environment happenings, known as the Cooler Heads Digest. Sign up today!




CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website,, and blogs, and  Follow CEI on Twitter!



CEI President Lawson Bader


1984 was an enlightening year

Saturday, 10am ET

Jun 21, 2014

Norwegian Air: Fighting Congress for Customers and Affordable Transatlantic Travel


1984 - 2014


CEI celebrates its 30th anniversary this year. Founder and Chairman Fred Smith talks about CEI's past and future successes. > Listen to the podcast


An Annual Snapshot of the Federal Regulatory State




ALG's Daily Grind - Big Government Stakes are High in Mississippi Run-Off 


June 23, 2014

Permission to republish original opeds granted.

Big Government Stakes are High in Mississippi Run-Off
Tuesday in Mississippi marks the next faceoff between a Tea Party challenger and an entrenched, out of touch Republican incumbent.

Will Senate Republicans fight against Obama's Internet giveaway?
Commerce Department fails to show in FOIA response to Americans for Limited Government the legal authority for transitioning Internet to international community in 2015.

EPA's latest power grab is all wet
Obama wants to redefine everything wet as waters of the United States and thus regulable by the Environmental Protection Agency.

Goldberg: Of the bureaucrats, by the bureaucrats, for the bureaucrats
"The naked self-interest of the government-worker class."


ALG supports Congressional rebuke of radical EPA regs


Mehrens: Lawmakers Take Courageous Stand Against "Overreaching, Out-of-Control, Enviro-Radicals" In Washington, D.C.

June 19, 2014, Fairfax, Va. – Americans for Limited Government president Nathan Mehrens today issued a statement praising efforts by U.S. Rep. Jeff Duncan (R-S.C.) and eighty-four other lawmakers to rein in the Environmental Protection Agency (EPA)'s radical new carbon regulation. 

Duncan and eighty-four of his colleagues submitted a letter to EPA administrator Gina McCarthy demanding that her agency immediately rescind its "unwise and unconstitutional regulation." 

"Jeff Duncan and his allies in Congress are taking a stand for the bottom line of millions of American families – and standing firm against the increasingly radical agenda of a rogue, unaccountable and extra-legal bureaucracy," Mehrens said.  "This debate is simple: Is government going to protect the broad economic interests of all of its people?  Or is it going to subject them to additional economic hardship by kowtowing to the overreaching, out-of-control enviro-radical agenda that's taken over the EPA bureaucracy under the administration of Barack Obama?" 

According to Duncan's letter, "the authority to limit carbon emissions, even if that were actually a necessity, rests in neither the Constitution nor the Clean Air Act but in the true free market of individual choices made by the American people." 

"When Americans are free to dream and innovate – not coerced by regulators in Washington who will never have exclusive knowledge of science or the newest technologies – we believe they will always find cheaper, cleaner, safer, and more efficient ways to use and produce energy," Duncan and his fellow lawmakers wrote. 

To view online:


Letter to EPA administrator Gina McCarthy, Rep. Jeff Duncan (R-S.C.), June 12, 2014 at



Americans for Limited Government is a non-partisan, nationwide network committed to advancing free market reforms, private property rights and core American liberties. For more information on ALG please visit our website at