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About “President Lies in Press Conference”, this is unavoidably true, unless he does not know what he is talking about. Neither is good news given the staggering consequences to flow from EPA’s discretionary action of regulating carbon dioxide under the Clean Air Act, using provisions never intended for such purpose.

Which is to say, he is flat and tragically wrong, no matter how forcefully he insists it is so. It isn’t.

The 5-4 majority in Massachusetts v. EPA — and we know how the Left feel about 5-4 majorities effectively making decisions assigned to the political branches or process (coughBushvGorecough) — held that EPA could determine greenhouse gases are ‘pollutants’ if it chooses to but must ground any such decision in the statute.

In short, EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change. Its action was therefore “arbitrary, capricious, … or otherwise not in accordance with law.” 42 U. S. C. §7607(d)(9)(A). We need not and do not reach the question whether on remand EPA must make an endangerment finding, or whether policy concerns can inform EPA’s actions in the event that it makes such a finding. Cf. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 843-844 (1984) . We hold only that EPA must ground its reasons for action or inaction in the statute. (Justice Stevens writing for the majority).

This plainly exposes the president’s claim today as factually incorrect.

The majority made this decision by determining that “all airborne compounds of any stripe” that are ‘emitted’ can be called a pollutant under the Clean Air Act. To which Justice Scalia replied in his dissent in a footnote “It follows that everything  airborne, from Frisbees to flatulence, qualifies as an ‘air pollutant’. This reading of the statute defies common sense.” (emphasis in original but, give them no ideas, please!).

So, here we go already. Stop refusing to work with me when I shut you out, and the truth is as I see it even if I have to say that discretionary actions of my administration were legally mandated.

Or is he simply misinformed? Maybe some of this Republican outreach can include educating the president on something his advisors have obviously kept from him. Right here we see one major breakthrough that is right at hand for the taking. The Republicans can properly inform the president that he does not have to do what he has apparently been told the Court has demanded he do, and he then can decide not to do it. After all, it clearly is weighing on him, what with the insistence that he’s being made to do it. Enormous policy confrontation resolved.

It’s been less than a day and we’re getting somewhere already.

View all comments (10) |

alanstorm| 11.3.10 @ 2:49PM

"President (Obama) lies in press conference"

What was that again? Dog bites man?

After almost 4 years of listening to this guy's non-stop BS, I'd insist on independent confirmation if he stated his own name.

Solo| 11.3.10 @ 3:10PM

His name is Barry Soetero.

Or...at least...it was.

dc| 11.3.10 @ 3:24PM

Il Duce Negro is no less committed to his fascist agenda than he was on the day he first decided to run for public office (probably earlier, if you believe Dinesh D'Souza). The press conference was absolutely to type: arrogant, dismissive, willfully igorant or intentionally deceptive, selfish, un-American, condescending, and disgusting. If this assclown had ever made a speech that did not hit all of the above marks, maybe one could argue, hey, cut him some slack, he just tanked his party in a historically significant way. But no, he's the same, he cannot and will not change, and pretending to work with him in public appearances is the outer limit of what any serious Republican ought to do over the next two years of his lame duck term. Any Republican who does more than that becomes his tool, immediately, and betrays his constituents.
This vicious, spiteful anti-American liar cannot be expunged from our system quickly enough. First his agenda, then him.

matthew s harrison| 11.3.10 @ 3:49PM

I think it is safe to say, he simply goes to plan "b" and makes up laws inside all of the agencies, thus further rendering the congress neutered...hell, McConnell already said even though we beat your ass like dogs, we are going to lay down and "compromise" with you.
It isn't like the conservative leadership just grew a pair-they just won a majority in the House. That majority means absolutely ZERO, if we allow guys like Mitch McConnell to make overtures of weakness on the strongest night of the RNC's last sixty or so years!

Franklin| 11.3.10 @ 4:37PM

"You LIE"

Dacron Mather| 11.4.10 @ 3:14AM

How dare these so called scientists scandalize the Das of Life:

Animal Euthanasia Information --Carbon dioxide gas

icwdm.org/wildlife/euthanasia/carbondioxide.asp 
Euthanasia - Animal Research - The University of Iowa
Nov 8, 2006 ...

Approved Animal Euthanasia Methods for Rodents. Carbon dioxide inhalation can be suitable for all species, provided acceptable equipment is ...

[PDF] Guidelines for Euthanasia of Rodents Using Carbon Dioxide

cliponline | 11.4.10 @ 11:20PM

About a month ago I had read that Texas is suing the US Govt/EPA about their regs on carbon emissions. Haven't seen anything lately, although justice does grind slowly. Does anyone have any info on the status of that suit?

More Blog Posts by Chris Horner

http://spectator.org/blog/2010/11/03/re-president-lies-in-press-con

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