PRESIDENT’S CLIMATE WARNING EXECUTIVE ORDER IS AN ACT CONSISTENT WITH THE FEDERALISM ESTABLISHED BY OUR CONSTITUTION

 

ANOTHER STEP TOWARD RECOGNIZING THE IMPORTANCE OF ‘WE THE PEOPLE’ WHO BEST EXPRESS OURSELVES LOCALLY

 

AND ANOTHER STEP TOWARD GIVING LOCAL GOVERNMENTS A CHANCE THROUGH COORDINATION TO TAKE AN ACTIVE ROLE IN REVIEW OF ENERGY DEVELOPMENT REGULATIONS

 

[The Executive Order allows to local governments  the opportunity now to demand coordination throughout the review of energy regulations ordered to take place over the next six months.  The Council on Environmental Quality will be reviewing the reports of these agencies within its role as overseer of environmental policy; and the Council’s rules require coordination with local governments.

 

So, any local government that does not make use of its coordinate authority is not doing its citizens a favor—either those citizens who favor climate controls and those that do not; and such government is not doing its duty to its citizens to make sure that sound science and sound economics are used in making regulatory decisions.

 

The President has opened the entire administrative process to coordination. It is there for the taking—-or there as an opportunity for involvement to be lost.

 

It also allows local governments the opportunity, through coordination, to state their positions in a way that gives the federal agency heads the base they need to roll back unduly, and unlawfully, burdensome regulations.  It shows that we have an Administration open to that process—now who will take advantage of it?  And who will lose the opportunity?]

 

 

 

Yesterday, President Trump signed Executive Order Entitled “Promoting Energy Independence and Economic Growth”.  It rolled back the prior Administration’s ban on fossil fuel exploration and development.

 

Senator Jim Inhofe, chair of the powerful Energy and Public Works Committee, praised the Order when he pointed out that the prior Administration’s artificial goals had been determined by scientists to be totally impossible to achieve.  And, even if achievable would have no real impact on global warming because we in this country play such a small role as compared to pollution from the entire globe.

 

Immediately, global climate warming activists roared that “the sky is falling, the sky is falling” and the Washington Post editorialized that children would wonder how any president could do such great harm to our world.

 

But, what does this Order actually do?  It sets forth to rescind regulations that “ unduly burden  the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law.”     In other words, get rid of those that are beyond what our laws allow.  Kind of a novel approach for DC?

It also recognizes that the policy of this nation “to the extent permitted by law” is to “promote clean air and clean water…..[while making sure that regulations] are developed through transparent processes that employ the best available peer-reviewed science and economics…[and] while respecting the proper roles of the Congress and the States concerning these matters in our constitutional republic.”

My oh My, how revolutionary—an Administration, the leader of which, recognizes science, economics, the law and federalism.  But the Washington Post moans that it will destroy us, as though if we follow the law and act based on real science and economic theory we are doomed.  In other words, unless we act on theory unsupported by facts, and unless we depart from our Constitution, we will not survive and we will take the world down with us.  If that were true, it would be time that we all went down.

What the alarmists do not discuss is the fact that the President did not order immediate rescission of all such regulations; rather it orders a structured, orderly review of such regulations by the heads of agencies.  It orders all executive department agencies to review all regulations, orders and policies (including guideline documents) that “burden” development of and use of “domestically produced energy resources…oil, natural gas, coal and nuclear energy resources”.

 

It orders that the review result in a report to the Council on Environmental Quality 120 days from now as to how, within the law, the burdens on energy development and use can be eliminated “to the extent permitted by law”, [WHAT A NOVEL CONCEPT—FOLLOW THE LAW]  such report to be finalized by 180 days from now.

 

In other words, and in the vernacular of the streets   “okay, guys, get your act together, you don’t make laws, you only implement those that are made by the people’s elected representatives in Congress and the state legislatures and the county and city councils; so get your houses in order and identify those regulations that went too far to burden our energy development and our economy.”

 

Through all the ballyhoo about the sky falling, not a mention of the importance of this Order to the people of the United States—their economic survival or the survival of the form of government, a federal republic, that has served them so well for two and a half centuries.

 

Not a word about what this Order does to again recognize the important role played by state and local governments in this land.  In one of the preliminary paragraphs, the President again expresses the “policy of the United States” that agency personnel must respect “the proper roles of the Congress and the States concerning these matters [matters of energy and fossil fuel use and development]in our constitutional republic.”

For thirty years Presidents of  the United States have led their executive agencies on an unchecked path to usurp the authority of the legislative branch, Congress, to make law.   And the Courts have stuck their heads in the sand and allowed it to happen through the infamous “Chevron case doctrine” which says that a court should stand back and give deference to an agency’s judgment as to what the law is and should be. (the whole Chevron deference is simply a way for the courts to avoid tedious examinations of and analysis of thousand page records leading up to an agency decision; the courts didn’t have any problem refusing deference to the  President’s travel ban issued for national security, yet will defer to an agency  decision as to whether a pipeline is necessary or what a “wetland” is.]

 

The prior bans on fossil developments and use were put in place through executive orders which avoided the entire legislative process, thus evading the will of the people expressed through their elected representatives and senators.  At the same time, those prior orders negated any and all countering opinions of states that yield fossil fuels, as well as any counter opinions expressed by the people through their city, county and state elected officials.  The bans were put in place by Executive Orders which  made energy policy that specifically by law is within the mandate of the Congress, and through the Tenth Amendment within the mandate of the States and local governments.

 

Global climate warming enthusiasts will wail and gnash their teeth, but to no avail.  What one President did to evade the will of Congress, which represents the people, this President undid in order to attempt to right the course of regulatory agencies that have run amok.

 

Before one succumbs to the gloom and doom predicted by climate warming activists, he or she should examine what in fact this Executive Order does: it

actually demands that appointed regulatory agency heads insist that their employees do their jobs instead of making laws that Congress refused to make.

 

Kind of astonishing that a President with no constitutional history background to speak of acts so quickly in his Administration to right one of the greatest wrongs of the past thirty years—the usurpation of the legislative function by executive non-elected agencies.

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