In this case, the U.S Court of Appeals for the District of Columbia slapped down the rogue federal agency, ruling that it had exceeded its legal authority in regards to application of its new Cross-State Air Pollution Rule.
Under the Clean Air Act's "good neighbor" provision, the EPA is authorized to regulate sulfur dioxide and nitrogen oxide emissions that cross state lines. But the Obama EPA ignored legal precedent and the plain text of the statute by enacting limits that far exceeded the scope of the law.While the EPA has not yet responded to Tuesday's court ruling, I expect it will do as it has in the past - ignore the court and continue to push more onerous regulations upon industry and impose fines and penalties on industries failing to meet the impossible conditions of some EPA rules.
One "impossible" condition we've heard mentioned in the media and the blogosphere in the past is the EPA penalizing the petroleum and refining industry for not using a mandated biofuel that doesn't exist. Talk about a Catch-22! But the petroleum industry is fighting back with the American Petroleum Institute filing a lawsuit against the EPA mandate in the D.C Circuit Court.
"EPA's unattainable and absurd mandate forces refiners to pay a penalty for failing to use biofuels that don't even exist," said API Director of Downstream and Industry Operations Bob Greco. "The mandate is effectively an added tax on gasoline manufacturers that could ultimately burden consumers."This sounds like an "protection" racket, something right out of Chicago.
The Clean Air Act requires EPA to determine the mandated volume of cellulosic biofuels each year at "the projected volume available." There was no commercial supply of the fuel in 2011, according to the EPA's own records. However, EPA required refiners and importers of gasoline and diesel to use or pay for credits to cover 6.6 million gallons of the nonexistent biofuels.
Hey, wait a minute!!! It is right out of Chicago! In this case the corrupt and mob-owned political machine has wormed its way into the EPA, turning it into nothing more yet another mob operation. And who helped turn it into such a thing but Chicago's wholly owned stooge, Barack Obama.
In any case, I expect the court to rule against the EPA on this suit too. I also expect the EPA to ignore it as well, should it come, and continue its destruction of the American economy one rule, one regulation, one fine at a time.