{"id":1564089,"date":"2022-07-21T08:05:04","date_gmt":"2022-07-21T12:05:04","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1564089"},"modified":"2022-07-21T08:05:17","modified_gmt":"2022-07-21T12:05:17","slug":"a-biden-climate-emergency-would-unleash-unconstitutional-actions","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/a-biden-climate-emergency-would-unleash-unconstitutional-actions\/","title":{"rendered":"A Biden Climate Emergency Would Unleash Unconstitutional Actions"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fa-biden-climate-emergency-would-unleash-unconstitutional-actions%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1564089&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The <a href=\"https:\/\/apnews.com\/article\/climate-biden-joe-manchin-and-environment-bed0159741405159639f800aec3b079b\" target=\"_blank\" rel=\"noreferrer noopener\">left is pressuring<\/a> President Joe Biden to declare a <a href=\"https:\/\/dailycaller.com\/2022\/07\/19\/biden-poised-declare-climate-emergency\/\" target=\"_blank\" rel=\"noreferrer noopener\">climate emergency<\/a> and his consideration of this declaration is a sign of desperation and weakness. Executive actions taken as a result of a \u201cclimate emergency\u201d would die in the U.S. Supreme Court (more on that later). \u00a0<\/p>\n<p>The reason Biden may declare a climate emergency is simple: His green agenda has stalled. Persistent inflation, led by rising energy costs, and a nation likely in recession, has reduced the likelihood that a narrowly divided Congress will approve the application of additional environmental leaches to an anemic economy.<\/p>\n<p>It appears green dreams are the ultimate First World luxury good \u2014 it\u2019s all fun and games until the average family shells out <a href=\"https:\/\/gop-waysandmeans.house.gov\/analysis-typical-family-pays-5000-for-bidenflation-tax-minorities-young-adults-middle-class-hit-hardest\/\" target=\"_blank\" rel=\"noreferrer noopener\">$5,000 a year more<\/a> for gas, food, electricity, and rent.<\/p>\n<p>Yet the left demands more. Elected representatives are a roadblock. The people don\u2019t know what\u2019s best for them. The Vanguard of the Proletariat have met and decided that if Congress won\u2019t act, then an array of administrative acronyms led by the dogmatic theoreticians of the White House \u2014 none of whom who have run a business \u2014 will.<\/p>\n<p>The powers Biden is considering invoking are considerable, though none of them were intended by Congress to do what administration is preparing to do.<\/p>\n<p>Even a short summary is terrifyingly breathtaking in ambition and disingenuous creativity.<\/p>\n<h2>Burdensome Regulations<\/h2>\n<p>In March, the Securities and Exchange Commission (SEC) proposed a rule to require \u201cclimate-related disclosures for investors.\u201d This rule, if finalized, would deal further hammer blows to the domestic oil and gas industry \u2014 just after Biden was forced to go hat in hand to Saudi Arabia to beg Crown Prince Mohammed bin Salman for more oil. It would do that by requiring publicly traded companies to detail their greenhouse gas emissions, including those of their suppliers, whether they are publicly traded or not. In other words, privately held firms, family-owned companies, and individual proprietorships would be burdened with costly reporting requirements, causing more money to be put into paperwork and less money to be put into productive activity.<\/p>\n<p>Next, just because the Supreme Court rolled back regulatory power in June\u2019s <a href=\"https:\/\/www.supremecourt.gov\/opinions\/21pdf\/20-1530_n758.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>West Virginia v. Environmental Protection Agency<\/em><\/a> (EPA) decision doesn\u2019t mean that the EPA won\u2019t still be used to achieve climate goals in ways Congress never authorized. For instance, it\u2019s expected that the EPA will issue new particulate thresholds that would have the practical effect of regulating all combustion for energy and transportation purposes. Particulates are small particles that, in today\u2019s era of clean air, are mostly generated by farming, wildfires, and construction activities \u2014 modern combustion is remarkably clean. However, because ambient levels of particulates are very hard to push below a certain level, there will always be an excuse to squeeze for more until every vehicle powered by hydrocarbons is removed from the road or curbed by fees. Put another way, it\u2019s a war on using hydrocarbons to make energy or power vehicles.<\/p>\n<h2>Misuse of the Law<\/h2>\n<p>The declaration of a climate emergency would also embolden the Biden administration to invoke <a href=\"https:\/\/www.energy.gov\/ceser\/does-use-federal-power-act-emergency-authority#:~:text=Under%20Federal%20Power%20Action%20(FPA,or%20transmission%20of%20electric%20energy%2C\" target=\"_blank\" rel=\"noreferrer noopener\">Section 202 of the Federal Power Act<\/a>. This law, clearly intended by Congress to be used only in time of war or an emergency due to an increased demand for electricity or a shortage of electricity, will be used to shift electrical power from regions that have responsibly planned for their power needs to states that have gone green and, as a result, have made their grids vulnerable to the vicissitudes of weather. This means that the federal government could literally divert power contracted for by Arizona and shift it to California \u2014 a <a href=\"https:\/\/www.azcc.gov\/news\/2021\/06\/30\/chairwoman-m%C3%A1rquez-peterson-alarmed-by-federal-ruling-allowing-california-to-block-energy-to-arizona\" target=\"_blank\" rel=\"noreferrer noopener\">version of this happened a year ago<\/a>. Essentially, a maximalist use of Section 202 will allow leftwing Biden appointees to turn the power off wherever they choose \u2014 all for environmental justice and the planet, of course.<\/p>\n<p>Finally, Biden\u2019s environmental zealots are looking to the Defense Production Act (DPA) to commandeer any part of the economy they feel should be drafted into the fight against climate change. Former <a href=\"https:\/\/www.cfr.org\/in-brief\/what-defense-production-act\" target=\"_blank\" rel=\"noreferrer noopener\">President Donald Trump used the DPA<\/a> to order 3M to produce N95 masks and General Motors to produce ventilators for the federal government. <a href=\"https:\/\/dailycaller.com\/2022\/06\/11\/hostettler-joe-biden-is-misusing-the-defense-production-act-to-cover-up-his-own-policy-failures\/\" target=\"_blank\" rel=\"noreferrer noopener\">Biden invoked it<\/a> for Covid-19 purposes as well and then improbably expanded its use to (try to) address the baby formula shortage. With the DPA now unleashed for decidedly non-war applications, the ability to muck with all aspects of the economy for the \u201cclimate emergency\u201d are endless.<\/p>\n<h2>Administrative State in Retreat<\/h2>\n<p>Fortunately, due to the unlikely success of the duo of Trump and Sen. Mitch McConnell (R-Ky.), the federal bench was well-provisioned with constitutionally minded jurists. As a result, the unbridled powers of the administrative state have been in retreat.<\/p>\n<p>Former six-term Indiana Republican Congressman <a href=\"https:\/\/www.texaspolicy.com\/about\/staff\/the-honorable-john-n-hostettler\/\" target=\"_blank\" rel=\"noreferrer noopener\">John Hostettler<\/a>, vice president of federal affairs with the Texas Public Policy Foundation, observes that, \u201cJustice Alito\u2019s concurrence in <em>Gundy v. United States<\/em> was a clear signal that he is willing to put an end to the administrative state if the right case comes before the Supreme Court. And the left knows it.\u201d<\/p>\n<p>Hostettler was referring to Justice Samuel Alito\u2019s 2019 opinion, which was characterized by his colleague, Justice Neil Gorsuch, as \u201cnot join[ing] either the [court] plurality\u2019s constitutional or statutory analysis,\u201d In it, Alito stated:<\/p>\n<blockquote class=\"wp-block-quote\">\n<p>The Constitution confers on Congress certain \u201clegislative [p]owers,\u201d Art. I, \u00a71, and does not permit Congress to delegate them to another branch of the Government\u2026. Nevertheless, since 1935, the Court has uniformly rejected nondelegation arguments and has upheld provisions that authorized agencies to adopt important rules pursuant to extraordinarily capacious standards\u2026.<\/p>\n<p>If a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort. But because a majority is not willing to do that, it would be freakish to single out the provision at issue here for special treatment.<\/p>\n<\/blockquote>\n<p>Moreover, Hostettler maintains, \u201cGiven the addition of the likely votes of Justices [Brett] Kavanaugh and [Amy Coney] Barrett, there\u2019s even more cause for optimism that the High Court is likely to do what Congress seems unable to accomplish. That optimism was bolstered with the outcome in <em>West Virginia v. EPA<\/em>. Although <em>West Virginia<\/em> wasn\u2019t the nondelegation case that Alito\u2019s previous pronouncement called for, it\u2019s close enough to stiffen the resolve of Constitutionalists to come up with the right case so that the Court\u2019s majority can further cement its direction on the \u2018major question\u2019 doctrine \u2014 the concept that if an agency seeks to regulate on a \u2018major question\u2019 the statute must clearly grant that express authority.\u201d<\/p>\n<p>For this reason, Hostettler is confident that the Biden administration\u2019s climate emergency overreach would \u201cdo to the expansive power of the administrative state what <em>Dobbs<\/em> did to <em>Roe v. Wade<\/em>.\u201d<\/p>\n<p>In war there are casualties \u2014 and Biden\u2019s climate war threatens to claim the once-mighty power of unelected bureaucrats and left-wing appointees to rule our lives without our votes. \u00a0<\/p>\n<hr class=\"wp-block-separator\" \/>\n<p>\n  Chuck DeVore is vice president of national initiatives at the Texas Public Policy Foundation, a former California legislator, special assistant for foreign affairs in the Reagan-era Pentagon, and a lieutenant colonel in the U.S. Army (retired) Reserve. He&#8217;s the author of two books, &#8220;The Texas Model: Prosperity in the Lone Star State and Lessons for America,&#8221; and &#8220;China Attacks,&#8221; a novel.<\/p>\n<div class=\"article-comments mt-30 mt-sm-60\">\n<div class=\"article-comments-container d-flex flex-column align-items-center py-30\">\n    <img loading=\"lazy\" decoding=\"async\" width=\"110\" height=\"106\" src=\"https:\/\/thefederalist.com\/wp-content\/uploads\/2021\/12\/fdrlst-mark.svg\" class=\"img-fluid mb-20\" alt=\"The Federalist logo eagle mark\" \/>    <\/p>\n<p>Unlock commenting by joining the Federalist Community.<\/p>\n<p>    <a href=\"https:\/\/thefederalist.com\/plans\/pricing\/\" class=\"btn btn-on-white\">Subscribe<\/a>  <\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The left is pressuring President Joe Biden to declare a climate emergency and his consideration of this declaration is a sign of desperation and weakness. Executive actions taken as a<\/p>\n","protected":false},"author":563,"featured_media":1897771,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1564089","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_finder_url":"https:\/\/thefederalist.com\/2022\/07\/21\/a-biden-climate-emergency-would-unleash-unconstitutional-actions\/?utm_source=rss&utm_medium=rss&utm_campaign=a-biden-climate-emergency-would-unleash-unconstitutional-actions","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1564089","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/563"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1564089"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1564089\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1897771"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1564089"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1564089"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1564089"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}