Tuesday, December 08, 2009

EPA finding: Einstein disguised as Robin Hood

Einstein, disguised as Robin Hood
Bob Dylan, "Desolation Row, 1965.

Or is it Robin Hood disguised as Einstein?

At the risk of sounding like a demagogue, I have this to say on this snowy morning: Our way of life is at stake, and the Obama administration is assaulting it. Barack Obama's Environmental Protection Agency, led by Lisa Jackson, wants to regulate CO2 and other greenhouse gases that will allow the government to disrupt our well-beings. It will cost us billions and lower our standard of living.

More from the Wall Street Journal:

This reckless "endangerment finding" is a political ultimatum: The many Democrats wary of levelling huge new costs on their constituents must surrender, or else the EPA's carbon police will inflict even worse consequences.

The gambit is also meant to coerce businesses, on the theory that they'll beg for cap and trade once the command-and-control regulatory pain grows too acute—not to mention the extra bribes in the form of valuable carbon permits that Democrats, since you ask, are happy to dispense. Ms. Jackson appealed to "the science" and waved off any political implications, yet the formal finding was not coincidentally announced at the start of the U.N.'s Copenhagen climate conference (see above).

This ruling has been inevitable since at least April and we warned about it during Mr. Obama's campaign, but its cynicism and willfulness still astonish. The political threat is so potent precisely because invoking a faulty interpretation of the 1970 Clean Air Act will expose hundreds of thousands of "major" sources of emissions that produce more than 250 tons of an air pollutant in a year to the EPA's costly and onerous review process. This threshold might be reasonable for traditional "dirty" pollutants (such as NOX) but it makes no sense for ubiquitous carbon, which is the byproduct of almost all types of economic production.

The White House knows this, which is why earlier this fall Ms. Jackson announced a "tailoring rule" that limits this regulation to sources that emit more than 25,000 or more tons a year like coal-fired power plants and heavy manufacturing. Ms. Jackson claims this unilateral rewrite of a statute is a concession, but its real purpose is to dodge a political backlash while still preserving the EPA's ability to threaten business and recalcitrant Democrats.

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