This April, USEPA expects to finalize a rule intended to reduce greenhouse gas emissions from mobile sources (cars, trucks, buses, etc.), largely by demanding greater fuel economy in the transportation sector. No doubt there will be much rejoicing among the tree-hugging set when that happens, but there is another consequence to that action that has largely flown under the old media’s radar: the day that the mobile source rule goes final is the day that the Agency starts to regulate greenhouse gas emissions from power plants and other large industrial sources.

It’s a matter of regulatory logic. Once the Agency starts to regulate a pollutant in one sector, it must regulate said pollutant in all sectors under its purview. When and if this side effect of the mobile source rule come to light, it will – no doubt – be used as a “gotcha moment” by environmentalist groups and the old media. “See, now EPA is going to regulate greenhouse gases under the Clean Act, because you wouldn’t give us cap and trade. We waaaarned you!” (more…)

You’ve read the stories. You’ve seen the quotes and the scary pictures and graphics. Unless the Senate passes a cap and trade bill to regulate (aka: tax) greenhouse gas emissions, the USEPA will regulate those emissions through the Clean Air Act and – cue ominous music – you’re not going to like that.

Don’t buy it. It’s a bluff. The last thing that the Obama administration and USEPA Administrator Lisa Jackson want to do is to try to regulate greenhouse gases through the Clean Air Act. It would be a nightmare for the USEPA, creating enmity among large swathes of the populace, forcing people to reassess the shaky science behind global warming and it would take many, many years to implement the regulatory measures necessary to actually reduce these emissions. The Clean Air Act threat is a desperate attempt at extortion, with the ultimate goal of forcing a pointless cap and trade bill down our throats.

Trust me here. I’m an expert on two things: 1) the best places to enjoy a cold beer in the southeast side of Chicago, and 2) air pollution regulation, especially the Clean Air Act. Indeed, I wrote the book. (Which I encourage nobody to buy, because, unless you happen to manage environmental affairs for some industrial concern, it will bore you to tears). Even given Barack Obama’s vaunted talent for ignoring and working around rules that he finds inconvenient, the Clean Air Act presents too many insurmountable obstacles for even an “Ocean Reversing Czar” to overcome. The reasons why are complicated, but we’ll do this in a couple of parts and – hopefully – I’ll keep the explanations entertaining enough that you won’t fall asleep.

Let’s start here: exposing the tyranny of the system: (more…)