Supreme Court to be Tested in Ground Breaking Case over Virtually unregulated EPA Power

Supreme Court to be Tested in Ground Breaking Case over Virtually unregulated EPA Power

By Rob Janicki

The present Supreme Court term should be extremely interesting, as well as being monumentally important if, for no other single reason than this.  Let's start with the EPA, which has become a rogue administration agency that has come to circumvent the role of Congress and its oversight role.  The case before the court could mark the beginning of the end for the proponents of anthropogenic global warming and its twin deceit, the development of a carbon tax based exchange, a Ponzi scheme if there ever was one.

Does federal law empower the Environmental Protection Agency (EPA) to regulate every non-moving source of carbon dioxide in America? The Supreme Court will decide that question in early 2014.   

The Supreme Court decided Massachusetts v. EPA in 2007, a lawsuit brought by the Bay State (with the support of Gov. Mitt Romney) to force the Bush EPA to make a finding as to whether carbon dioxide is a pollutant that endangers the environment. The Court surprised many legal experts when it held in a 5-4 decision, led by the liberal wing of the Court, that states have standing under Article III of the Constitution to sue the federal government over questions of federal law, despite the fact that it was disputed (1) whether global warming is even happening at all, (2) if so, whether it is caused by human activity generating GHGs (greenhouse gases) like carbon dioxide, and further (3) that is undisputed that only 20 percent of GHGs come from the United States, so no Supreme Court order could effectively remedy this problem even if it exists. Read More Breitbart here

This case cannot and should not be underestimated, since it will become a landmark case in several respects.  It will determine whether Congress's role of oversight of the EPA has been usurped and what can be done to rein in the EPA and the administration of the president to bring his office and actions in line with the Constitution.