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Thread: Nearly 50 House Republicans offer bill to block EPA climate rules

  1. #21
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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    to control items such as smog. they were never granted the authority to control greenhouse gasses. if congress decides that greenhouse gasses are a threat on par wit smog in the 70's and decides to task the EPA with its' regulation , then that's fine. I'll disagree with their finding, but everything at least is Constitutional. For the EPA to decide that it can expand it's own authority and set itself up as a check on Congressional action (or inaction), however, is unconstitutional and sets a dangerous precedent indeed.

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by MrVicchio View Post
    I approve of this.

    Wait for it, we'll get a few of the usual suspects coming here with talk about:

    "I guess you don't like clean air or clean water"
    "What do you expect, the Republicans only care about corporate profits not our children's future!"
    Not being to go outside for a breath of fresh air is a bit beyond the pale for me. I wasn't aware corporations owned a community's oxygen.
    If you notice something good in yourself, give credit to God, not to yourself, but be certain the evil you commit is always your own and yours to acknowledge.

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  3. #23
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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Catawba View Post
    The EPA doesn't write legislation they write pollution control regulations as they have been charged to do by Congress.
    Regulations and legislation in this instance is the same thing. They both are about writing laws/rules that people must follow or end up with fines, and even possible jail time.

    Actually when thinking about it does Congress even have the authority to give the EPA the ability to write regulations without Congress's consent? I may just ask a lawyer that I know about this.
    Last edited by Kal'Stang; 01-13-11 at 10:32 PM.
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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by cpwill View Post
    not really. it charged them with a narrow band of authority; which the EPA has since sought to expand to include CO2. however, the EPA has no business expanding it's own sphere of authority; if Congress chooses to do so, that is Congress's perogative.
    The EPA did not "seek" to expand to include C02, they were ordered to do so by the Supreme Court during the Bush Administration.

    "The environmental agency is under order from the Supreme Court to make a determination whether carbon dioxide is a pollutant that endangers public health and welfare, an order that the Bush administration essentially ignored despite near-unanimous belief among agency experts that research points inexorably to such a finding."
    http://www.nytimes.com/2009/02/19/sc...rth/19epa.html
    Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors, we borrow it from our Children. ~ Ancient American Indian Proverb

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Kal'Stang View Post
    Actually when thinking about it does Congress even have the authority to give the EPA the ability to write regulations without Congress's consent? I may just ask a lawyer that I know about this.
    nowhere in the Constitution are they given the authority to delegate their rulemaking power.

  6. #26
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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Catawba View Post
    The EPA did not "seek" to expand to include C02, they were ordered to do so by the Supreme Court during the Bush Administration.

    "The environmental agency is under order from the Supreme Court to make a determination whether carbon dioxide is a pollutant that endangers public health and welfare, an order that the Bush administration essentially ignored despite near-unanimous belief among agency experts that research points inexorably to such a finding."
    http://www.nytimes.com/2009/02/19/sc...rth/19epa.html
    certainly and we shouldn't downplay the interference of the Court here. but let's also not pretend that the EPA's recent moves isn't a response to Congress not passing Cap-and-Tax last year. Should Congress move in and state clearly that the EPA does not have authority to regulate CO2, that would invalidate the Courts' ruling.

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Kal'Stang View Post
    Regulations and legislation in this instance is the same thing. They both are about writing laws/rules that people must follow or end up with fines, and even possible jail time.

    Actually when thinking about it does Congress even have the authority to give the EPA the ability to write regulations without Congress's consent? I may just ask a lawyer that I know about this.
    Yes, by all means, please ask a lawyer, and while there ask him about the difference between legislation and regulations.
    Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our Ancestors, we borrow it from our Children. ~ Ancient American Indian Proverb

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by cpwill View Post
    nowhere in the Constitution are they given the authority to delegate their rulemaking power.
    So that would make it unconstitutional wouldn't it? After all the Constitution are restrictions on the government. If a power is not given to them via the Constitution that would make it outside thier perview.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Catawba View Post
    The EPA did not "seek" to expand to include C02, they were ordered to do so by the Supreme Court during the Bush Administration.

    "The environmental agency is under order from the Supreme Court to make a determination whether carbon dioxide is a pollutant that endangers public health and welfare, an order that the Bush administration essentially ignored despite near-unanimous belief among agency experts that research points inexorably to such a finding."
    http://www.nytimes.com/2009/02/19/sc...rth/19epa.html
    Ok, so they were ordered to make an evaluation. Where does that give them the authority to make legislation regarding their findings? And where is thier findings peer reviewed at?
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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    Re: Nearly 50 House Republicans offer bill to block EPA climate rules

    Quote Originally Posted by Kal'Stang View Post
    So that would make it unconstitutional wouldn't it? After all the Constitution are restrictions on the government. If a power is not given to them via the Constitution that would make it outside thier perview.
    not necessarily. the CATO institute argues that it does, but the problem becomes one of practicality. for example, Congress orders the military to keep good order and discipline, and adhere to the UCMJ. my CO decides that means that everyone coming to the Mess Night must identify a Designated Driver taking responsibility for them, or else not consume alcohol. now, that's a rule, and you can be punished if you break it. but does Congress have the ability or time to be making rules like "you have to tell us who your DD is if you want to drink"?

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