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Entries in EPA (505)


ALG's Daily Grind - Bob Costas, Jason Whitlock: Ready, Fire, Aim 

Dec. 5, 2012

Bob Costas, Jason Whitlock: Ready, Fire, Aim

The left sets its crosshairs on individual gun rights.

Cartoon: States reserve right to bear harm

California considers "solutions" to its debt crisis.

Facing a triple threat: Doha, EPA and Congress

Even as atmospheric carbon dioxide levels have risen from 280 parts per million before 1880 to 391 ppm (0.0391 percent) today, average global temperatures have flat-lined for 16 years.

Milbank: The open-and-shut administration

"The Obama administration's high level of opacity, though typical of modern presidencies, is troubling precisely because the president was so clear about his determination to do things differently."


ALG - Group to Sue EPA to Force Backdoor Cap-and-Trade, Raise Fuel Prices

(Washington, DC - December 3, 2012) Apparently, gas isn't expensive enough yet-at least for one environmental interest group that is now suing the U.S. Environmental Protection Agency (EPA) to force the creation of Cap-and-Trade. The Institute for Policy Integrity at the New York University School of Law last week told EPA to expect the lawsuit.

"They want to make cheap energy expensive, so that expensive energy will seem cheap," said Ryan Houck, executive director of Free Market America.

"We've seen this play before, and inventing fictitious markets that traffic imaginary products is bad enough. But asking the EPA to assume quasi-legislative powers so that it can unilaterally enact Cap-in-Trade is a deeply troubling step, even for radical environmentalists. Proponents of this lawsuit absurdly cite Hurricane Sandy as a reason for Cap-and-Trade.

But what Hurricane Sandy truly illustrates is the human hardship that results from communities losing power and fuel. This measure aims to render Sandy's fuel shortages and soaring energy prices commonplace."

Politico posted its story on this backdoor Cap-and-Trade lawsuit late last week. It can read here<>.

Bill Wilson, president of Americans for Limited Government expressed concern that, "This lawsuit is nothing more than a pretext for the EPA to continue expanding their power through ginned up judicial actions."

The practice of using litigation to enact policy has become commonplace on environmental matters.

Here's how it works: Environmental interests sue the EPA to compel a particular policy outcome (such as "Cap-and-Trade").

Sympathetic bureaucrats (who often have ties to the litigants) gleefully settle the suit, and agree to enact new policies without bothering with nasty details like "Congress." For more information (and for examples), click here<>.

Free Market America is a project of Americans for Limited Government that produced the 2.6 million-hit viral video, "If I wanted America to Fail,"  which debuted on Earth Day earlier this year.

To view online:



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 call us at 703-383-0880 or visit our website at


CEI Today: EPA email scandal, biofuel ruling, carbon tax prospects, online poker, and more 


National Review: The EPA vs. State Economies

On Friday, the Environmental Protection Agency rejected petitions from the governors of Georgia, Texas, Arkansas, Delaware, Maryland, New Mexico, and North Carolina to suspend the biofuel-blending requirements established by the federal renewable fuel standard (RFS) program.

However, the EPA stacked the decks against petitioners, establishing a burden of proof that was virtually impossible to meet. Indeed, the agency’s August 30 Request for Comment telegraphed the decision Jackson reached on Friday. The EPA stated petitioners would have to show that the “RFS itself” was the cause of severe harm, not merely a “contributing” factor. In addition, petitioners would have to show that waiving the RFS would be a “remedy” for the hardship facing livestock producers.

These criteria are ridiculous. The Clean Air Act does not require the EPA to don analytical blinkers and ignore other factors that, in combination with the RFS, cause severe harm, nor does it say that any waiver granted must be a silver bullet.  > Read the full news story on


> Interview Marlo Lewis


American Spectator: A Carbon Copy of a Bad Idea


There are good reasons for conservatives to contemplate how their approach to young single women, gays, and immigrants might have contributed to recent defeats, but there is no reason to think that a switch on energy policy -- which is really economic and industrial policy -- might help. A carbon tax would punish the middle class and harm the broader economy now and going forward. It should be defeated the same way as cap-and-tax was defeated.

> View more at

> Interview Iain Murray


Breitbart/Big Government: Harry Reid's Online Poker Folds on Freedom

The Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012, which Senate Majority Leader Harry Reid (D-Nev.) is expected to introduce soon, is being touted as a way to legalize online poker. In fact, it is a self-serving piece of legislation that protects large Nevada-based casinos at the expense of consumer choice. The bill in effect criminalizes just about any other form of online wagering, while providing a tiny carve-out for online poker companies in a way that protects Nevada against competition from any other state in the nation.  > View the commentary on

> Interview Michelle Minton





The Competitive Enterprise Institute is proud to announce a new ambitious film project: an animated adaptation of I, Pencil by Leonard Read.

> View the I, Pencil short film

> Tweet about I, Pencil



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 Today: I, Pencil premiere today, Europe v. US fiscal cliff, and EPA carbon regs


USA Today: America must avoid Europe's toxic tax remedy

With America threatening to run off the "fiscal cliff" of tax increases and spending cuts on Jan. 1, it risks repeating the mistakes of Europe. The folly of "austerity" composed mainly of tax hikes with less in the way of spending reductions has driven the economies of the Old World into the


We're next unless Congress keeps Uncle Sam out of Americans' wallets and takes a chainsaw to Washington's budget.
> Read the full commentary on


> Interview Matthew Melchiorre




One of the most important elements of medicine is also among the least well known: the ability of physicians to prescribe approved medicines for purposes not sanctioned by the Food and Drug Administration. These so called “off-label” uses are perfectly legal, and doctors rely on them extensively. But in a number of ways, regulators make it difficult for doctors to learn about and prescribe drugs off-label; one such way is a rule that forbids manufacturers from promoting such uses. That might change soon. Two federal courts are now considering lawsuits that challenge the constitutionality of the off-label promotion ban. > View the full commentary on


> Interview the authors


Forbes: Why You Should Care That Courts Overturn EPA's Carbon Pollution Standard


The 2012 elections ensure that President Obama’s “war on coal” will continue for at least two more years. The administration’s preferred M.O. has been for the EPA to “enact” anti-coal policies that Congress would reject if such measures were introduced as legislation and put to a vote.


Consequently, defenders of free-market energy are stuck playing defense and their main weapon now is litigation. This is a hard slog because courts usually defer to agency interpretations of the statutes they administer. But sometimes petitioners win. > View the article on

> Interview Marlo Lewis




The Competitive Enterprise Institute is proud to announce a new ambitious film project: an animated adaptation of I, Pencil by Leonard Read.

> View the I, Pencil short film

> Tweet about I, Pencil

> RSVP to today's screenings in Washington, D.C.





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!


Cooler Heads Digest 9 November 2012 

9 November 2012


  • The Hill and the American Energy Alliance will hold a breakfast policy briefing on “The Fate of Energy Policy in the Lame Duck: Will the Wind PTC Fly?” this Wednesday, November 14, 8:00 AM at the Hyatt Regency in Washington, D.C. Please RSVP to The event may also be viewed online at

In the News

Interior Proposal Would Block Oil Shale Development on Federal Lands in West
Zack Colman, The Hill's Energy & Environment Blog, 9 November 2012

Separation of “Science” and State
Ron Arnold, Washington Examiner, 8 November 2012

Coal and Oil Stocks Plummet with Obama Victory
Maureen Farrell, CNN Money, 7 November 2012

EPA Witch Hunts on Taxpayer Dime
Rich Trzupek, Washington Times, 7 November 2012

Orwellian Freedom: Green Party Platform
Robert Bradley, Jr., Master Resource, 7 November 2012

Coal Shoulder
Debra McCown, American Spectator, 7 November 2012

EPA Regional Haze Plans Designed to Circumvent Court Rulings
Bill McMorris, Washington Free Beacon, 6 November 2012

Did Global Warming Reduce the Impacts of Sandy
Chip Knappenberger, Cato at Liberty, 5 November 2012

Green Energy Projects Face Opposition from Green Groups
Bronson Stocking, Foundry, 4 November 2012

News You Can Use
2012 Election Results

For those interested in the complete election returns for every State, here's a good website:

Inside the Beltway
Myron Ebell

The election returns: "Energy has won"?

President Barack Obama defeated Republican nominee Mitt Romney, Senate Democrats added two seats to their majority, and Republicans retained control of the House of Representatives.  Here’s a roundup by Politico of energy sector winners and losers. I couldn’t find any similar article on the reactions of energy consumers.

Surprisingly, some energy industry leaders expressed satisfaction with the outcome.  The American Petroleum Institute spent a reported $37 million on its “I’m an Energy Voter” campaign, which did not endorse or oppose candidates or even compare their records.  A story in the 8th November Washington Post by Juliet Eilperin and Steven Mufson contains this reaction to the election returns:

“Jack N. Gerard, president of the American Petroleum Institute, said a second Obama term could be good for the oil and gas industry. Though a sharp critic of Obama, Gerard said that ‘the president’s views have moved 180 degrees from where they were two years ago. The president is now actively articulating an energy vision, “all of the above,” which includes oil and gas as the first two he talks about.’  Gerard said that the API money spent during the campaign was well spent because it made energy issues more central. ‘Energy has won,’ he said.”

I have heard speculation about the possibility of alternative universes, but was not aware that people living in another universe were able to communicate with us.

President Obama didn’t mention global warming in the presidential debates, but he did as soon as he was re-elected.  Here’s what he said in his victory speech:  “We want our children to live in an America that isn't burdened by debt, that isn't weakened by inequality, that isn't threatened by the destructive power of a warming planet.”

This brief reference has naturally excited the environmental movement.  We’ll have to wait to see what actually happens.     

Prospects for the 113th Congress and Second Obama Administration

What might happen in the next two years in Washington on energy and climate issues?  The election returns have resulted in a political situation remarkably similar to that of the last two years.  Thus, it is likely that the next two years will be a lot like the last two. 

This means that a second Obama Administration will continue their regulatory onslaught against the production and use of coal, oil, and natural gas that they have pushed so far during President Obama’s first term.  Since all the new EPA regulations that are already in the pipeline or are going to be proposed are being promulgated under existing regulatory authority delegated to the executive by the Congress when the Clean Air Act, Clean Water Act, etc. were enacted, there is little that can be done to stop these new rules from being finalized.  We can whine and complain.  The Republican-controlled House can pass resolutions of disapproval under the Congressional Review Act, but it is unlikely that such resolutions can get a majority of votes (and the CRA requires only a majority rather than the 60 votes needed for most regular bills) in the Democratic-controlled Senate.  Finally, lawsuits can be filed that challenge the new regulations. 

In the 113th Congress, it is likely that the House of Representatives will pass a number of the same bills promoting access to affordable energy that were passed by the House in the 112th Congress.  These bills will be sent to the Senate, where Majority Leader Harry Reid (D-Nev.) will not allow them to come to the floor for a vote. 

I’ll fill in some of the details of what to expect in future issues of the Digest.   

Across the States
William Yeatman

Green Energy Production Quota Loses in Michigan

By a 63%-37% margin, Michigan voters on Tuesday defeated Proposal 3, a ballot initiative that would have increased the state’s green energy production quota to 25 percent by 2025. Proposal 3 was endorsed by ex-President Bill Clinton, and Grist website deemed it, “the most important clean-energy vote this year.” Michiganders, however, were wary of the costs. According to a study by the Mackinac Center for Public Policy, Proposal 3 would have raised utility bills 16 percent and also caused 10,540 job losses.


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,