From Eric Worrall writing at Anthony's:
President Obama’s hidden EPA Enabling Act
h/t JoNova – a group of lawyers at Columbia Law School have urged President Obama that he invoke a little known clause in the Clean Air Act, which the advocates claim would allow the EPA to immediately seize direct control over state economies, with a view to forcing down CO2 emissions.
… Fortunately for the president, there’s a new way for him to right the U.S.’ greenhouse gas trajectory before leaving office: Buried in the Clean Air Act is an extremely powerful mechanism that effectively gives EPA carte blanche to tell states to make drastic cuts to their emissions.
This provision, which can now be used thanks to the completion of the Paris climate deal, raises important questions about national sovereignty and states’ rights — questions that Republicans would undoubtedly use to try and kill such a proposal. But the benefits of using this mechanism dwarf those concerns.
A few weeks ago, a group of 13 prominent environmental law professors and attorneys released a 91-page report outlining this new approach, which would allow EPA to use existing laws to quickly and efficiently regulate all pollution sources, in all states — not just power plants and cars. The experts concluded, “It could provide one of the most effective and efficient means to address climate change pollution in the United States.”
Much more at the site - this is worth a few minutes of your time to contact your congresspeople. This is such a venal Orwellian power grab it makes my head spin.
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