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House Energy chair Upton calls EPA climate change plan 'unconstitutional power grab'
washington post ^ | 12/28/2010 | By Steven Mufson

Posted on 12/30/2010 4:58:25 AM PST by tobyhill

In an op-ed piece in the Wall Street Journal, the incoming House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) teamed up with Tim Phillips, president of Americans for Prosperity, to write that the Environmental Protection Agency's plan to regulate emissions of carbon dioxide and other greenhouse gases "represents an unconstitutional power grab that will kill millions of jobs -- unless Congress steps in."

Upton and Phillips complain that EPA -- despite the regulatory power given to it in 2007 under a Supreme Court interpretation of the Clean Air Act -- should await the outcome of further litigation about the way EPA is going about exercising that regulatory authority.

They say the two-year delay in the implementation of regulations proposed by some lawmakers might not be long enough. Moreover, they say they disagree with lawmakers who hope Congress will come up with its own regulations in two years. "This presumes that carbon is a problem in need of regulation. We are not convinced," they write.

(Excerpt) Read more at voices.washingtonpost.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: carboncredits; dncconspiracy; fanniemae; patent6904336
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Defund the EPA!
1 posted on 12/30/2010 4:58:33 AM PST by tobyhill
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To: tobyhill; enough_idiocy; meyer; Normandy; Whenifhow; TenthAmendmentChampion; Clive; scripter; ...
Upton has seen the light (no pun intended).

 


Beam me to Planet Gore !

2 posted on 12/30/2010 5:00:31 AM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: tobyhill
Patent 6904336 on Carbon Credits is secretly held by Fannie Mae and the DNC.

3 posted on 12/30/2010 5:00:44 AM PST by Diogenesis (Si vis pacem, para bellum)
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To: tobyhill

I agree...defund EPA. We need to defund a many programs that use tax dollars to work against us.


4 posted on 12/30/2010 5:02:43 AM PST by dalebert
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To: tobyhill

Simple solution: Cut the money allocated to EPA salaries by at least a factor of 10.


5 posted on 12/30/2010 5:11:42 AM PST by FroggyTheGremlim
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To: tobyhill
Upton and Phillips complain that EPA -- despite the regulatory power given to it in 2007 under a Supreme Court interpretation of the Clean Air Act -- should await the outcome of further litigation about the way EPA is going about exercising that regulatory authority.

So Upton, a Member of Congress and the chairman of an important committee, thinks that the EPA's authority is subject, not to Congress, but to the courts?

EPA is a creature of Congress. Any authority it possesses is the result, not of LITIGATION, but of LEGISLATION.

Legislation is Upton's G-D JOB!

If Upton does not have the balls to abolish the EPA, the least he can do is zero out its budget.

"Await the outcome of further litigation" indeed!

6 posted on 12/30/2010 5:11:54 AM PST by Jim Noble (Re-elect Palin 2016)
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To: tobyhill

Simple solution: Cut the money allocated to EPA salaries by at least a factor of 10.


7 posted on 12/30/2010 5:12:07 AM PST by FroggyTheGremlim
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To: dalebert
If the House just doesn't add any funding to any budget bill or Continuing Resolution to the agencies then it effectively starves the beast.
Tell the EPA good luck finding someone free of charge to enforce their regulations.
8 posted on 12/30/2010 5:13:13 AM PST by tobyhill
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To: dalebert; tobyhill

” defund EPA. We need to defund a many programs that use tax dollars to work against us. “

Bear in mind that at least one Federal Judge found, not too long ago, that it was ‘unconstitutional’ for Congress to defund ACORN...

Given the power and reach of the EPA, and the precedent of the 2007 USSC ruling - there’s a potential Constitutional Crisis in the offing, perhaps....


9 posted on 12/30/2010 5:13:27 AM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: tobyhill
I think that they'll try to reason with O's EPA people and keep defunding in their back pocket.
With recent Republican caves, O may not think they have the balls to do it - the House does, and they will.
10 posted on 12/30/2010 5:16:19 AM PST by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: tobyhill

When the EPA auditor comes around, give her a cup of coffee, hand cuff her and lead her to a detention cell. After three weeks on bread and water, carry her off to Saskatchewan or Alberta and release her on a lonely stretch of road.


11 posted on 12/30/2010 5:17:48 AM PST by bert (K.E. N.P. N.C. D.E. +12 .....( History is a process, not an event ))
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To: Uncle Ike
Power of the purse has always been a privilege given to congress and has been used to literally shut down the government. They can and should do it this time also.
12 posted on 12/30/2010 5:18:30 AM PST by tobyhill
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To: Psalm 73

I hope the House can do what they said they were going to do.


13 posted on 12/30/2010 5:20:36 AM PST by tobyhill
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To: Psalm 73

I hope you are rioght and they defund EPA.This will be a test case for the will of the House Republicans.


14 posted on 12/30/2010 5:21:02 AM PST by ardara
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To: tobyhill

” Power of the purse has always been a privilege given to congress “

Agreed - I’m pointing out that ‘defunding’, like most “all-ya-gotta-do” solutions, might take some unexpected twists and/or turns - such as the courts trying to step in and *force* Congress to provide funding....

Then, the question becomes - Does Congress have the cojones to fight this usurpation of power, or will it complete its slide to the status if ‘vestigal organ’??


15 posted on 12/30/2010 5:25:08 AM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: ardara; tobyhill
New Tea Party freshman Congressmen/women have been given unprecedented (for frosh) clout on commitees.
There are enough Bachman/Pence types to create a serious voting block in the House (hence the freshmen in power-positions).
It may be a very interesting spring and summer in Congress.
That said, they will still need our prayers and encouragement.
16 posted on 12/30/2010 5:36:31 AM PST by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: Jim Noble

“EPA is a creature of Congress. Any authority it possesses is the result, not of LITIGATION, but of LEGISLATION.

Legislation is Upton’s G-D JOB!”

Glad you said that. Exactly.

Appears to me Upton is looking for a direction to point the finger of blame rather than do his G-D job.


17 posted on 12/30/2010 5:56:47 AM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: tobyhill

The new Congress better get going quick to stop not only the EPA power grab, but also the FCC fiat to regulate the Internet. These are both unconstitutional power grabs.


18 posted on 12/30/2010 6:36:09 AM PST by The Great RJ (The Bill of Rights: Another bill members of Congress haven't read.)
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To: tobyhill

translation: If there are going to be any unconstitutional power grabs, it is going to be us entitled congress critters and not administration bureaucrats doing the grabbing.


19 posted on 12/30/2010 6:45:16 AM PST by Buckeye McFrog
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To: tobyhill

Bulldoze it and salt the ground.

Pray for the Tea Congress


20 posted on 12/30/2010 6:46:42 AM PST by bray (Sarah Palin will destroy the Repub Party, hopefully!)
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