May 20, 2013

EPA’s attempt to regulate rainwater dries up

The EPA must’ve realized they’ve already regulated everything conceivable under the agency’s jurisdiction, because now they’re really grasping at straws in a bizarre attempt to regulate rainfall. Yes, you read that right. More information comes from Steve Doucy of Fox News for backgroud:

Luckily for the taxpayers a federal judge struck down the proposed regulation, recognizing it as a bridge too far on the absurdity scale.

A federal judge struck down an EPA attempt to regulate stormwater runoff as a breach of authority:

U.S. District Judge Liam O’Grady in Alexandria ruled late Thursday that the EPA exceeded its authority by attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant. O’Grady sided with the Virginia Department of Transportation and the Fairfax County Board of Supervisors, which challenged EPA’s stormwater restrictions.

Stating the obvious: water that falls from the sky isn’t a pollutant so bureaucrats can’t regulate it:

‘Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it,’ O’Grady said.

The ruling will save Virginia taxpayers millions of dollars, up to $300 million says Virginia Attorney General Ken Cuccinelli.  EPA bureaucrats took fire from both sides of the aisle this time as Cuccinelli was joined in the fight by the Democratic-controlled Fairfax County Board of Supervisors. Cuccinelli argued the EPA’s proposed regulation was “illegal” but the EPA’s stated it plans were ”in harmony with the broader purposes” of the Clean Water Act, including “reducing the water quality impacts of stormwater.”

While the EPA wasn’t able to get away with this one, the fact they even tried goes to show that despite the loss of red- tape enthusiast Lisa Jackson the EPA isn’t going to stop burdening us all anytime soon.

 

Crossposted at Unified Patriots and Grumpy Opinions

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Romney/Ryan energy plan is “drill, baby drill”

Update 8/29/12 12:30 pm EST

With Hurricane Isaac raging in the Gulf, Obama is thinking of raiding the Strategic Petroleum Reserve in order to lower gasoline prices. All rigs in the Gulf have been shut down and evacuated. Since Obama has BANNED drilling in all off-shore areas except the Gulf, we have all our eggs in one basket. Had Romney’s energy plan been in place we would not be facing this possibility. GWB did open the SPR after Katrina but there were far more dire circumstances. 

Original article begins below. 

Image at the right, titled “Romney’s inner Palin” courtesy of WaPo.

Finally it’s happened. Romney/Ryan has unveiled their plan to make the U.S. energy independent, and as you can see to the excitement of this writer and millions of others, it’s “Drill, baby. Drill.”

The full 21-page plan can be found here, and his campaign should be lauded for all their extensive research. The executive summary is:

A crucial component of Mitt Romney’s Plan for a Stronger Middle Class is to dramatically increase domestic energy production and partner closely with Canada and Mexico to achieve North American energy independence by 2020. While President Obama has described his own energy policy as a “hodgepodge,” sent billions of taxpayer dollars to green energy projects run by political cronies, rejected the Keystone XL Pipeline as not in “the national interest,” and sought repeatedly to stall development of America’s domestic resources, Romney’s path forward would establish America as an energy superpower in the 21st century.

His goal is for the U.S. to become energy independent by the year 2020.  Along with energy independence comes increased national security, millions of jobs, an estimated $1 trillion in revenue, lower energy prices, a stronger dollar and a reduced trade defecit.

The Agenda is:

  • Empower states to control onshore energy development;
  • Open offshore areas for energy development;
  • Pursue a North American Energy Partnership;
  • Ensure accurate assessment of energy resources;
  • Restore transparency and fairness to permitting and regulation; and
  • Facilitate private-sector-led development of new energy technologies

We all know what Obama’s energy “plan” is and has been: destroy the coal industry, regulate the energy industry into oblivion, kill jobs, create 5-year off-shore drill moratoriums, ban uranium mining on federal lands, kill the natural gas fracking industry, dump the Keystone Pipeline Project and throw taxpayers dollars into wind and solar companies who then go bankrupt.

Romney has laid out a “everything is on the table” unlike Obama, who has taken everything OFF the table except wind and solar.

Crossposted at Unified Patriots. 

Crossposted at Grumpy Elder

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EPA red tape is literally making us sick

Unemployment line

As we draw ever-closer to tomorrow’s Senate vote on the EPA’s Utility MACT rule, I wanted to bring to your attention a new report from the Senate Minority Subcommittee on Clean Air and Nuclear Safety, which is chaired by Sen. (and Doctor) Barrasso. Long-documented is the fact that job-killing EPA regulations have served as constant artillery against an already struggling economy. The failed regulations and unnecessary government red tape stifle industry, put businesses on the ropes and send unemployment lines sprawling around city corners. Studies show that economic health, and personal finances are not the only matters such regulations endanger. No, not only is the EPA costing Americans jobs, but studies reveal that unemployment has a severely negative impact on personal health. It seems a cruel irony that EPA bureaucrats claim regulations are designed to boost personal health, yet they continually prove more harmful than the industries they regulate.

You can download the full report as a PDF file here. Below I’ve summarized the key findings:

REPORT FINDS EPA REGS, RESULTING UNEMPLOYMENT DETRIMENTAL TO PUBLIC HEALTH

President Obama, and his bureaucratic allies, have long claimed that EPA regulations are beneficial for the economy, safeguard jobs and protect Americans from “big business”. They even go as far as arguing that the stronger the EPA regulations, the better Americans’ personal health.

“President Obama’s Administration continues to claim that new EPA Clean Air Act regulations for ozone, greenhouse gases, electric utilities, domestic oil and gas producers, and manufacturers deliver significant economic benefits. Specifically, the agency says that these regulations will yield billions of dollars in benefits for the U.S. economy in the form of fewer premature deaths, sick days, hospital visits, cases of bronchitis, and heart attacks.”

The EPA itself uses language even stronger:

“The benefits of avoiding early death, preventing heart attacks and asthma attacks, and reducing the number of sick days for employees far exceed costs of implementing clean air protections. These benefits lead to a more productive workforce, and enable consumers and businesses to spend less on health care – all of which help strengthen the economy.”

Yet, for all their clamoring about keeping Americans healthy, the EPA pays no attention to the proven impact that unemployment has on personal health and well-being. One 1985 study concluded by saying:

“After unemployment, symptoms of somatization, depression, and anxiety were significantly greater in the unemployed than employed. [U]nemployed men made significantly more visits to their physicians, took more medications, and spent more days in bed sick than did employed individuals …unemployment had an adverse impact on psychological function, with the unemployed becoming more anxious, depressed, and concerned with bodily symptoms than those who continued to work.”

And a 1988 study: “Results from a community survey in a sample of high-unemployment census tracts … showed significant elevations of depression, anxiety, somatization [a chronic condition in which persons experience physical symptoms, but no physical symptoms can be found], and self-reported physical illness among the currently unemployed. Unemployment had health-damaging effects…severe enough to be considered clinically significant.”

19 years later, in 2006:

“Unemployment is strongly associated with mortality on the individual level.”

The significance of these studies is amplified when the fact that the EPA has, still, yet to properly respond, or acknowledge, the fact that their regulations add millions to the unemployment lines. “EPA has faced charges that their wide ranging estimates of public health benefits from their regulations show uncertainty and that the regulations actually cost jobs. EPA has not adequately responded to these charges. Recent research and testimony in Congress continues to bolster the argument that unemployment leads to poor public health and both Democrats and Republicans agree some jobs will be lost because of EPA’s regulations. No matter what the predictions are for jobs losses from these regulations, those who lose their jobs will suffer negative health effects. Those effects must be counted in any benefit-cost analysis by EPA.”

How dangerous are the EPA’s regulations to American jobs, already facing dire economic uncertainty? Even the left agrees that jobs will be lost.

“Whether Americans believe a net increase or decrease in jobs will occur because of EPA’s regulations, the fact is that all sides agree that some jobs will be lost.”

But the impact is far greater than “some jobs”. The EPA’s burdensome regulations serve to hamstring small business owners, leading to layoffs and businesses going under water. “In 2010, then Senator Blanche Lincoln wrote a column in the National Journal entitled “Regulating Small Businesses Out of Business.” In it, she states: “The significant increase in regulations being handed down by Washington is having real consequences. A recently released Gallup poll found that compliance with government regulations is now the single biggest problem facing small business owners. The same report indicated that about one in three small companies is concerned about going out of business in 2012. Similarly, earlier this year the rate of new startup businesses reached a 25 year low largely due to the uncertainty created by the government’s regulatory agenda.””

President Obama himself went as far as guaranteeing a “war” on the coal industry, one that powers an entire region of America, during the 2008 campaign.

“So if somebody wants to build a coal-powered plant, they can; it’s just that it will bankrupt them because they’re going to be charged a huge sum for all that greenhouse gas that’s being emitted.”

How many jobs could be lost to these regulations? The numbers are staggering. “According to the Senate Republican Policy Committee in 2011, an estimated 11.5 million Americans are projected to lose their jobs as a direct result of several proposed EPA rules: New Ozone Standards=7.3 million jobs lost…EPA Greenhouse Gas Regulations=1.4 million jobs lost…New Utility Regulations=1.4 million…New Coal Ash Regulations=316,000…Offshore Drilling=187,000…Onshore Oil and Gas Lease Delays=69,000…New Boiler Regulations=60,000…Alaska Drilling Delays=54,700…New Cement Kiln Regulations=15,000.”

Rather than address the fact that their regulations clearly destroy jobs, thereby harming the physical health of workers, the EPA instead chooses to claim that they are creating a sufficient number of “green jobs” to offset the loss. These claims clearly do not hold water, in light of the damage their regulations do to American businesses. “For example, in March of 2011 the EPA released a presentation on their proposed Mercury Air Toxics Rule that said: “This rule will provide employment for thousands, by supporting 31,000 short-term construction jobs and 9,000 long-term utility jobs.”… Director of the George Washington University Regulatory Studies Center Susan Dudley refutes this claim in a December 20, 2011, column in The Hill: “Also disingenuous is the EPA’s claim that the ‘rule will provide employment for thousands, by supporting 31,000 short-term construction jobs and 9,000 long-term utility jobs.’ First, this estimate quantifies only the jobs necessary to comply with the new rules, and ignores jobs lost, despite its recognition that ‘the industries that use electricity will face higher electricity prices as the result of the toxics rule, reduce output, and demand less labor.’…as Dudley points out, the Administration ignores the thousands of jobs that will be eliminated at the plants and factories that shut down due to higher energy and construction costs of installing that equipment. The end result is thousands of jobs being crushed to create a few green jobs, which leads to higher unemployment.”

But despite clear proof that their regulations will cost Americans jobs, add to unemployment lines and bring down public health, the EPA still refuses to even include this problem in their supposedly accurate “health studies”.

“As demonstrated earlier in this report, studies show that unemployment leads to serious health effects for individuals…If in fact these regulations are having a negative effect on the economy, then there will be subsequent negative health effects for the public that must be taken into account by EPA.”

With millions more unemployed, and public wellness on a downhill slope, EPA regulations also skyrocket the overall cost of healthcare by putting a hammerlock on America’s energy:

“Hospital administrators have no choice but to pay attention to the cost of energy. U.S. healthcare facilities consume four percent of the total energy consumed in the U.S. spending, on average, $8.5 billion annually on energy, often equaling between one and three percent of a hospital’s operating budget. Additionally, EPA estimates, in the U.S., the health sector is the most energy-intensive commercial sector resulting in more than $600 million per year in direct health costs and over $5 billion in indirect costs. Under EPA’s proposed rules, electricity costs in some regions may increase over 20 percent as soon as 2016. The surging cost of energy will squeeze tight hospital budgets making access to affordable healthcare all the more difficult.”- September 22, 2011 letter to EPA Administrator Lisa Jackson from Rep. Michael Burgess, Rep. Phil Gingrey, Rep. Bill Cassidy, Rep. John Fleming, Rep. Paul Broun, Rep. Paul Gosar, and Rep. Larry Bucshon.

These factors combine to show that the Obama Administration’s EPA, their regulations and analysis of such regulations, are fundamentally flawed, harmful to American business, American jobs and the public’s health at large. The EPA must address this fact.

“Any detailed cost-benefit analysis conducted by the EPA should incorporate the latest and best scientific analysis to understand and quantify the negative health effects of unemployment and lost income. It should also factor in the high energy costs for healthcare providers that result from costly regulations.”

Please call your Senators and ask them to vote “yea” on Senator Inhofe’s SJ Res 37, to overturn the EPA UMACT.

Related articles: EPA New Source Performance Standards are out and isn’t pretty.

Obama escalates his “war on coal” with new regs.

Crossposted at Unified Patriots

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EPA admits to wanting to “crucify” energy producers

Update 4/27/12. Per the Daily Caller Almendariz received $540,000 in taxpayer money to “fund his projects.”

Today a vid surfaced from an EPA administrator comparing its tactics to “Roman crucifixions.” Yes, you heard that right:

Pertinent part of the text which shows a top EPA official, Region VI Administrator Al Armendariz stating the following:

“But as I said, oil and gas is an enforcement priority, it’s one of seven, so we are going to spend a fair amount of time looking at oil and gas production. And I gave, I was in a meeting once and I gave an analogy to my staff about my philosophy of enforcement, and I think it was probably a little crude and maybe not appropriate for the meeting but I’ll go ahead and tell you what I said. It was kind of like how the Romans used to conquer little villages in the Mediterranean. They’d go into a little Turkish town somewhere, they’d find the first five guys they saw and they would crucify them [emphasis mine].And then you know that town was really easy to manage for the next few years. And so you make examples out of people who are in this case not compliant with the law. Find people who are not compliant with the law, and you hit them as hard as you can and you make examples out of them, and there is a deterrent effect there. And, companies that are smart see that, they don’t want to play that game, and they decide at that point that it’s time to clean up. And, that won’t happen unless you have somebody out there making examples of people. So you go out, you look at an industry, you find people violating the law, you go aggressively after them. And we do have some pretty effective enforcement tools. Compliance can get very high, very, very quickly. That’s what these companies respond to is both their public image but also financial pressure. So you put some financial pressure on a company, you get other people in that industry to clean up very quickly. So, that’s our general philosophy.”

Via Heritage a statement from Senator Jim Inhofe (R-OK):

His comments are indicative of the “EPA’s war on fossil fuels,” claimed Sen. James Inhofe (R-OK) in a news release on Wednesday.

Yes, via a speech on the House floor Inhofe stated “this video gives us a rare glimpse into Obama’s true agenda” and he has launched investigations.

Crossposted at Unified Patriots

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Mud puddles may be next on EPA’s hit list

Mud puddlesYou may want to run out to your backyard and make sure any mud puddles or water-filled ditches are being properly maintained, or you could be violating the EPA’s Clean Water Act.

The Washington Examiner reports on the latest job-killing regulatory overreach that may be forced on the logging and forestry industries – which incidentally employ 2.5 million American workers and are one of the few vibrant manufacturing industries we have left in this country.

Let’s break this down:

For the past several decades, the EPA has followed a sensible policy when enforcing the Clean Water Act as it relates to forest roads:

For 35 years, the Environmental Protection Agency has understood silviculture — the act of harvesting trees, as opposed to processing them — to be an agricultural activity, not a manufacturing one. The distinction is vital because of particulars in the Clean Water Act. Runoff from “point-source” manufacturing facilities (including saw mills) is closely regulated. Permits are required, and an involved monitoring and remediation process is prescribed.

On the other hand, the “natural runoff” from forest roads — basically mud puddles that accumulate in ditches — has never required such permits or monitoring. It is cared for through what is known as “best management practices.”

However, a suit brought against paper company Georgia-Pacific by leftist environmental group Northwest Environment Defense Center led to the Ninth Circuit Court of Appeals ruling against this longtime EPA precedent:

But in the case Georgia-Pacific West Inc. v. Northwest Environmental Defense Center, the Ninth Circuit Court of Appeals turned this long-standing rule on its head. The court said that the EPA has been misinterpreting its own rules for 35 years, and that, in fact, forest roads must be regulated in similar fashion to factories and power plants.

The Ninth Circuit decision, if upheld, would crush forestry in the Pacific Northwest. As Democratic Sen. Ron Wyden of Oregon put it, “One court would shut down forestry on private, state and tribal lands by subjecting it to the same, endless cycle of litigation.”

There’s that pesky Ninth Circuit again.

The case heads to the Supreme Court this spring, where until recently the Obama administration and the EPA had remained consistent with the standing policy:

So far in the litigation process, the Obama EPA and Justice Department have sided with the industry, adhering to the traditional, 35-year-old interpretation of EPA rules.

But before we get too excited that Obama may actually stand up to radical environmentalists for once, his lawyers’ latest brief puts that up for debate:

But in its most recent brief, the federal government’s lawyers included a curious passage that has caused a small panic among the logging industry’s legal team.

It essentially asserts that EPA has never before officially stated its decades-old position in writing, that runoff collected in man-made roadside ditches counts as “natural runoff.”

If the Supreme Court upholds the Circuit Court decision, it will bring the forestry industry to a standstill as businesses worry they’ll be sued at every turn. At a time when our economy is struggling and we hear a lot of talk about the government “creating jobs” it would be a bit absurd if we didn’t move to protect the few thriving industries that we have.

The ask of Obama here really isn’t a large one – he simply needs to uphold his own agency’s longtime policy. As the Supreme Court (and the 2012 election) moves closer, we’ll see if he will once again take the side of the environmental left over American workers and the businesses that employ them.

Crossposted at Unified Patriots

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