Appeals court upholds EPA authority over GHG emissions; EPA trashed by dissent

Check out Judge Janice Rogers Brown blistering dissent.

The real absurdity — apparently as invisible to the EPA as the San Gabriels once were to me — cannot be cured by phase in, no matter how subtly Byzantine. The real absurdity is that this unprecedented expansion of regulatory control, this epic overreach, may very well do more damage to the wellbeing of Americans than GHGs could ever do.

Click for the Politico report.

Click for the opinion, including Judge Brown’s entire dissent.


  1. The courts cannot be expected to dismiss bad legislation, only illegal legislation. Congress mandates well or poorly, as in this case, giving the EPA options perhaps not considered at the time.

    Congress, and only Congress, can stop this baby. Were CO2 as a creature to create CAGW to be disbelieved, the EPA’s leeway to limit CO2 as a health issue would disappear except as it occurs as a collateral to some other aspect of the fossil-fuel industry that COULD be considered a health issue. But since the taxing aspect of carbon emissions is so great, and at a time when the congressional coffers are so empty, it is worthwhile recognizing that what is done for the wrong reasons may be considered worthy of being done for other reasons – like bringing in government revenues.

    We all know that the CAGW crowd is not principally concerned with CO2 but with gross consumption of planetary resources to the immediate detriment of the environment and biosphere, and the long-term detriment of the human species and biosphere. Note that “human” interests are not shorlt-term, while anti-consumerism is. Picking technical points is a tactic, but wars are fought more on strategies than tactics, as generals since Sun Tzu all know.

    CAGW-derived issues like the EPA regulatory zeal and carbon taxes will not go away even if the threats of CAGW do. .The debate, as alarmists have pointed out, is bigger than a couple of degrees of temperature rise in 100 years.

  2. If they need CO2 to be considered a health issue all they have to do is get a few people to sit in a chamber and such on air with a high concentration of CO2. Not a problem with this EPA and administration.

  3. We may have to see a new depression, thanks to the EPA, before enough people vote out the scum that enabled this. Only then can things be set right. Failing that, open rebellion.

  4. There was a natural experiment in Camaroon, a small country in Africa. Lake Nyos degassed CO2 in 1986 and killed every non-plant nearby. Needless to say, the plants loved the event.

  5. Petrossa: “One wonders what horrors Americans have committed to deserve this one”
    I think the horrors are to come over the next 4 years…

  6. It is simply mind-boggling the insanity that prevails in the Obama administration, and the EPA, over the alleged health dangers of carbon dioxide emissions from human activity. It’s not just an insanity … other words also come to mind … obscenity … profanity … duplicity … conspiracy!

  7. I was responding to whitetop’s comment above. My comment relates exactly to that comment. Permit me to express the out of context wish of Merry Christmas to you, whitetop, and all the good folks associated with


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