This week, when Harry Reid opened a small business bill to amendments, Mitch McConnell introduced a rider that would strip the EPA of its ability to regulate carbon. It is considered possible that enough Democrat Senators will ally with the Republicans Senators to see that this amendment will pass. The vote is schedule this week and may happen tomorrow.
You all probably know that the Clean Air Act did not specify CO2 as pollutant but the Supreme Court after hearing arguments in Massachusetts vs. EPA ruled that if the EPA studied the issue and concluded that CO2 was a hazard, they could regulate CO2. The Legislative branch of the Federal government was unable to pass legislation to regulate CO2, so the Supreme Court in a gesture too often seen, chose to step outside of their boundaries and in a 5 to 4 vote took on the legislative role which they do not have the justification to do. In effect the Supremes passed Cap and Trade legislation, which has routinely been defeated in the Senate. And worse, gave the Executive Branch carte blanche to write the regulations.
The Wall Street Journal’s posting -The Senate EPA Showdown,on this topic says:
But a vote for the McConnell amendment, which would permanently bar the EPA from regulating carbon unless Congress passed new legislation, is justified on democratic prerogatives alone. Whatever one’s views of Massachusetts v. EPA or climate science, no elected representative has ever voted on an EPA plan that has often involved the unilateral redrafting of plain-letter law.
The WSJ posting adds that the potential Democrat Senators that are leaning toward supporting the McConnell amendment are:
Democrats to watch will be Sherrod Brown (Ohio), Bob Casey (Pennsylvania), Tim Johnson (South Dakota), Tom Carper (Delaware), Mary Landrieu (Louisiana), Kent Conrad (North Dakota), Amy Klobuchar (Minnesota), Claire McCaskill (Missouri), Jim Webb (Virginia), Ben Nelson (Nebraska), Carl Levin and Debbie Stabenow (Michigan) and John Rockefeller and Joe Manchin (West Virginia). All of them have been publicly critical of the EPA, and, not incidentally, most of them face a tough re-election.
The WSJ adds:
The McConnell amendment is one of the best proposals for growth and job creation to make it onto the Senate docket in years. If Mr. Obama is intent on defending the EPA’s regulatory assault, then the least Senate Democrats can do is force him to defend his choices himself.
Get in touch with your Senator and urge he/she to vote for growth and job creation by joining the Republicans to pass the McConnell amendment.