While the American people said loud and clear on Nov. 8 that they were ready for new leadership and a new America, the frantic pace at which hundreds of new regulations have been issued by the Obama administration should be alarming for Americans as we approach the end of President Obama’s term.
Over the past eight years, the administration has shown time and time again that it will go to great and unconstitutional lengths to secure its “legacy.” Often, this means circumventing Congress with executive orders or regulations that contradict our laws and the will of the people as voiced through the representatives they’ve elected.
Recently, the Obama administration added the Supreme Court to the list of institutions it’s willing to defy to get its way. This latest overreach came through arguably the administration’s favorite accomplice — the Environmental Protection Agency.
On Friday, Nov. 4, the EPA sent a carbon cap-and-trade rule to the Office of Management and Budget for review. This rule, the Clean Energy Incentive Program, would provide additional emission rate credits to states that invest in wind and solar projects. States would be able to use these emission rate credits to meet the carbon reduction mandates imposed by the Clean Power Plan. That is, if the Clean Power Plan ever survives legal challenges to its implementation. Make no mistake – despite the EPA’s assurances that this is a voluntary program meant to encourage compliance with the Clean Power Plan, it’s still a cap-and-trade scheme in disguise.
It’s disturbing alone that the EPA would try to force cap-and-trade on the American people after Obama’s previous attempt was soundly rebuked by Congress in 2010.
To make matters worse, this move may be in direct violation of an order issued by the Supreme Court in February, when more than 100 parties and 27 states filed five different applications for a stay of the Clean Power Plan. This stay was granted by the Supreme Court, meaning that the EPA is not allowed to do anything with the Clean Power Plan — implement, enforce or otherwise — until all legal challenges are decided. That should clearly include this latest version of carbon cap-and-trade, disguised as an “optional” way for states to comply with the burdens of the Clean Power Plan.
However, it appears that the current EPA simply doesn’t care about the concerns of over half our states, scores of private citizens, numerous trade groups, private companies and labor unions. The Obama administration has encouraged flouting the laws and principles of this nation since the beginning, so why should an order from the Supreme Court be any different to the EPA?
The Clean Power Plan is predicted to be one of the most devastatingly costly rules ever issued by the EPA. If fully implemented, many of our power plants will be shuttered. The job losses, negative economic impact and increased energy costs will be felt by all Americans, and our most vulnerable populations will be hardest hit.
The Supreme Court was right to issue a stay of this controversial rule until all the challenges are heard. It is alarming that the Obama administration and the EPA are willing to violate a direct order from our Supreme Court in the midnight hour. The Supreme Court’s stay of the Clean Power Plan is an order, not a request.
No matter the EPA’s actions now under the Obama administration, I look forward to working with President-elect Trump and the new administration to ensure the EPA respects this ruling. I believe the Trump administration will work with Congress to honor the will of the people instead of ignoring it.
Congressman Earl L. “Buddy” Carter represents the First District of Georgia in the United States House of Representatives. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.
