Rep. Fred Upton (R-MI), the incoming chairman of the House Energy and Commerce Committee, and Tim Phillips of Americans for Prosperity, take on the Imperial EPA in a Wall Street Journal op-ed, “How Congress Can Stop the EPA’s Power Grab“:
On Jan. 2, the Environmental Protection Agency will officially begin regulating the emission of carbon dioxide and other greenhouse gases. This move represents an unconstitutional power grab that will kill millions of jobs—unless Congress steps in.
The gist …
The best solution is for Congress to overturn the EPA’s proposed greenhouse gas regulations outright. If Democrats refuse to join Republicans in doing so, then they should at least join a sensible bipartisan compromise to mandate that the EPA delay its regulations until the courts complete their examination of the agency’s endangerment finding and proposed rules.
Like the plaintiffs, we have significant doubt that EPA regulations can survive judicial scrutiny. And the worst of all possible outcomes would be the EPA initiating a regulatory regime that is then struck down by the courts.
The National Association of Manufacturers is actively challenging the EPA’s attempt to regulate greenhouse gas emissions and especially its targeting of specific emitters — power plants and refineries — for which the agency has no statutory authority. A summary of the NAM’s active court proceedings is here.
See also Hugh Hewitt’s blog, “Obama’s EPA and the 2012 Elections.”
The EPA is just one of the Executive Branch agencies attempting to replace Congress as the policymaking branch of government, a power grab that threatens the economy and the U.S. separation of powers. Conn Carroll at the Heritage Foundation reports on other, more recent examples of the aggressive regulatory state in “Big Government Strikes Back,” citing the HHS’s plan to impose federal price controls on health insurance and the FCC’s “net neutrality” rules.