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Just a few days after honoring war veterans who fought to preserve America’s Constitutional order, Senate Democrats voted down a resolution that would prevent unelected elites from imposing costly new regulations without congressional approval. Renegade federal agencies and judicial activists now have the upper hand thanks to feckless federal office holders who willingly surrendered their own constitutionally endowed legislative authority.

Sen. Lisa Murkowski’s (R-AK) Resolution of Disapproval of the EPA’s Endangerment Finding was defeated 53 to 47 this afternoon. Only six Democrats joined with 41 Republicans to vote yes.

“Senate Democrats voted today to allow the Obama EPA to wreck America through regulation of greenhouse gases. “Americans should consider those who voted against the Murkowski resolution to be enemies of sound science and economic recovery,” said JunkScience.com’s Steve Milloy.

It is difficult to overstate how much this action endangers the nation’s economic outlook and the financial security of individual Americans. Bill Wilson, president of Americans for Limited Government (ALG) has released the following statement:

“The Senate has just voted to affirm that the EPA should be able to arbitrarily set the nation’s energy policy by imposing unilateral restrictions on carbon emissions without any vote at all in Congress,” he said.  “This is a vote that will assuredly lead to higher energy prices, lost jobs, lost business, and the tyrannical imposition of a radical, environmentalist agenda upon the American people.”

So long as the scientifically flawed endangerment finding remains in place there is no limit on how intrusive and expansive the EPA’s new regulatory regime can become.

For starters, the federal EPA and its state counterparts will need to accommodate an estimated 41,000 Prevention of Significant Deterioration (PSD) pre-construction permits annually as opposed to 280 it currently digests and over 6 million Title V operating permits per year versus 14,700.

This means a long and copious list of previously unregulated entities such as office buildings, apartment complexes, small manufacturers and small kitchens would come under government control. To alleviate the backlog, the EPA has proposed a “tailoring rule” to restrict the new regulations to large facilities. This is problematic in that the rule may not be legal under the CAA and could be overturned in court.

However, even if the tailoring rule withstands a legal challenge, the EPA will proceed to regulate smaller emission sources within a few years. This exercise cuts to the heart of why the Murkowski resolution was so critical. Essentially, the EPA stands poised to amend a statute without congressional consent in the name of environmentalism.

Moreover, even if the courts uphold EPA’s tailoring rule it would not offer any safeguard against what is arguably the most pernicious aspect of the endangerment finding namely the rulemaking that would set the National Ambient Air Quality Standards (NAAQS) well below current atmospheric concentrations for greenhouse gases.

The economic fallout would be devastating. The lowered CO2 targets favored by environmental pressure groups, which are in the neighborhood of 390 parts per million to 350 ppm, would spur a global depression. This would enable environmental activists to use the CAA as vehicle for forced deindustrialization. Murkowski’s resolution would have short-circuit the grand designs of green activists.

American freedom suffered a terrible setback today that desperately calls out for a constitutional revival. It will take forceful leadership to restore our nation’s elected branches back to their proper station. As Democracy gains ground in the Middle East thanks to perseverance of U.S. soldiers, it is ironic to see it lose ground here at home.

View all comments (34) |

LiveFreeOrDie| 6.10.10 @ 6:03PM

This problem is not limited to the EPA. These agencies are supposed to carry out the law not create it. I have faith this wrong will (eventually) be righted. Voters on either side or in the middle will tire of their lives turned upside down every 4 or 8 years when a new administration takes over. Am I naive in my assessment?

Shirley Chipperfield| 6.11.10 @ 10:56AM

Yes, I am afraid you are probably wrong. The problem is apathy and "welfare" and socialist mentality. Children have not been taught to think critically but to follow the leader, whoever that may be. They are not taught to pick their leaders, only to be dumb sheep and follow. The question is - are there enough people left who know how to think?

Enter through the narrow gate. For wide is the gate and broad is the road that leads to destruction, and many enter through it. But small is the gate and narrow the road that leads to life, and only a few find it. Matt. 7:13-14

TonyRaskoon| 6.10.10 @ 6:46PM

Capital sits on the sidelines. No one knows what the rules will be tomorrow. Not based on science, logic or truth. Arbitrary political moves determine the rules, and thus capital sits.

Dammit!| 6.10.10 @ 7:08PM

Old Texican here.

Folks, this tears it! This tears the blanket.

Honestly, the healthcare bill can be buried and de-funded. This cannot be.

This is literally cutting off the life-blood of our country.
I am going to invest in mules that do not fart. I am going to spend what ever is left of my life looking at a mule's butt, plowing my own corn.

...heh...no I am not!

I am firing the US government bureaucrats...en masse.

JP| 6.11.10 @ 10:45AM

"I am going to invest in mules that do not fart. I am going to spend what ever is left of my life looking at a mule's butt, plowing my own corn."

And the EPA will be there to collect carbon fees when you plow. As the Climate Alarmists constantly inform us, ploughing up fields releases millions of tons of CO2 into the atmosphere every growing season.

wnettles| 6.10.10 @ 7:19PM

I am as mad as hell, and, I'm not going to take this crap any more. This insane path to a socialist / Marxist / communist promoted hell here in the United States must end. We have to vote these folks out of office by the dozens and do it now. Then, we have to put to work their replacements repairing the damage done by the tyrannical scumbags. A purge is long overdue. Let the revolution begin!

Tim*| 6.10.10 @ 9:04PM

The Federal Government is provoking A Rebellion.

The Tea Party Rebellion Escalates.

5 Months To November 2nd.

Walk The Talk , Join with your Local Tea Party Americans.

JR| 6.11.10 @ 2:27AM

One more example of how out of touch a majority of Senators are. They aren't looking out for the citizens, their states, or their country. Just themselves. I wouldn't be surprised if most of those voting against the resolution stand to make millions from the "green" industry. The only good news is that 47 out of the 100 Senators realized the awful threat to the Constitution and to the Congress itself by forfeiting their power to the EPA and the executive. I just hope and pray the American people continue to wake up in time to send some of those 53 packing in November!

hyrdr| 6.11.10 @ 2:27AM

Keep in mind the one benefit of this power grab is that these people are now out in the open and we know who they are and what they believe.
They WANT civil war in the U.S. They believe they can emerge victorious after the kaos.
I believe if there is a civil war they will be hunted down like the traitors they are.

Mike M| 6.11.10 @ 10:53AM

How's that Hope and Change workin' for ya?

missWyet| 6.11.10 @ 1:45PM

Mark Levin has a list of the 53 losers. vote them the hell out ! Obummer bin lying while we are at it

EL Pinche| 6.11.10 @ 2:11PM

Hmmm, yes. I like this spin; this just might work!

Yelling "socialist! commie!" didn't quite work as planned. Let's go back to the old standard and use the troops as props again. Hey, America likes Wifeswap and Snooki, they'll take the bait, right? Who's with me !!??

mookworthjwilson| 6.11.10 @ 2:43PM

Next they'll pass a resolution to outlaw my star-spangled truck nutz with a picture of Sarah Palin teabaggin' Ronald Reagan!!! How anti-merican can you get???

Libs R Losers| 6.12.10 @ 7:35PM

It's you NAMBLA lovin' homos on the Left who love that teabaggin, pervo. Hope you choke on it.

Winner| 6.11.10 @ 2:29PM

Losers

William Hung| 6.11.10 @ 2:52PM

SHE BANG, SHE BANG!

PlanetWingnuttia| 6.11.10 @ 3:35PM

*reads comments ....and just simply replies...

MORANS!

Lenny| 6.11.10 @ 4:19PM

I maybe a little slow here, but how exactly does clean air dishonor veterans? If anything, I'd think we'd want our veterans to breath clean air so they can live longer!

Slug| 6.11.10 @ 4:43PM

Well duh. They're fighting for clean air over there so that we don't have to have it over here. Every time a mule farts, an angel gets its wings. Socialism, also.

Wisco | 6.11.10 @ 4:48PM

Yeah, I must have missed that too. It's in the headline and the final paragraph, but there seems to be an actual argument that should be somewhere in between.

Mike M2| 6.11.10 @ 5:08PM

"It is difficult to overstate how much this action endangers the nation's economic outlook and the financial security of individual Americans."

I don't know Mr. Mooney, you seemed to do it quite effortlessly.

Wow, just wow| 6.11.10 @ 5:58PM

That's right, our soldiers died because they were trying to stop agency rule making (which is only a bad thing when the President is a Democrat)!

Stunned| 6.12.10 @ 11:50AM

Claiming that a vote against a motion to limit the authority of the EPA is dishonoring veterans is simplistic pandering of the worst kind. You are deliberately conflating fundamental freedoms with freedom from government regulation you don't agree with. Besides, even if Congress did not initially vote to give the EPA these powers, the majority of senators have now voted in favor of not limiting the EPA's authority in this respect.

Libs R Losers| 6.12.10 @ 7:37PM

Smells like HuffPo turds took some ex-lax and crapped all over this site.

SPA| 6.12.10 @ 2:29PM

Dearest me, I didn't realize this bill had anything to do with veterans. Oh yeah, it doesn't. You just repeat on old Republican attack line of "Democrats don't support the troops" and you think it applies everywhere.

DEMOCRATS DON'T DO WHAT WE WANT? OH MY WORD, SUPPORT THE TROOPS COMMIES!

Have a nice day :)

Mehicooooo| 6.12.10 @ 2:32PM

Time to declare the War on clean air, AMIRITE? Bunch of dirty communists and their 'environment'! It is all a socialist plot to put us in FEMA camps and murder our children!

Libs R Losers| 6.12.10 @ 7:38PM

More HuffPo Ex-Lax!

mar| 6.15.10 @ 5:46PM

Wow, I am reading the comments and can't believe some of you don't get the article. It's not about the troops and clean air but about just when we where honoring our troops who fought for our freedom, we just got some of our freedoms taken away from us. This is another step toward Obamas agenda to pass cap and trade. Let the EPA handle it. You have no idea what is about to happen when this goes through. I feel sorry for the folks that keep believing in this President while he continues to lie and strip us of our liberties. It's not bad enough the American people voted a Marxist in office but even more upsetting is they continue to not get it!! Every one of us as Americans who love our way of life better take the time to really see what is going on. This is not a left/right issue but something much bigger. Get involved and get information. Also get ready, I believe our economy is in deep trouble and hard times our ahead of us. Maybe more people will wake up but may be to late.

Ricky Wanducz| 2.10.11 @ 7:50AM

All 53 demonuts should be impeached for not following the constitution and giving away their power to the EPA . I say ban the EPA. If people could check the ban on DDT which has caused the death of over 60 million people. Based on Junk science just like the endangerment finding based on lies. I think Hitler and Mao are better people than we have at the EPA. This is just Evil.

Maria| 3.30.11 @ 3:29PM

I was in the US on a kurzurlaub when this resolution happenend. I still remember that many people were very upset with it.

More Blog Posts by Kevin Mooney

http://spectator.org/blog/2010/06/10/senate-defeat-of-murkowski-res

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