Our Center for Constitutional Jurisprudence filed an important brief with the Supreme Court this week in the global warming case, Chamber of Commerce v. Environmental Protection Agency. Our brief argues against the absurdity of the EPA extending its treatment of carbon dioxide (yes, the stuff we exhale with every breath) as an “air pollutant” beyond car emission regulations to the mandatory permitting of stationary sources such as small businesses and even residences.
Borrowing a (perhaps apocryphal) story from Abraham Lincoln (“How many legs does a dog have if you call his tail a leg?” “Four,” Lincoln replied. “Calling the tail a leg does not make it so”), the CCJ argued that calling the air we exhale and that plants utilize an “air pollutant” does not make it so. The EPA’s new interpretation of the statute would effectively allow them to regulate anything in the world, thereby violating one of our core constitutional principles that the legislative powers delegated to the national government were vested in the Congress and not in unelected bureaucratic agencies.
Oral argument in the case is set for February 24, 2014.
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