EPA administrator Gina McCarthy was sued in 2014 by Murray Energy Corporation and its affiliates, alleging that the agency was in violation of sections of the Clean Air Act. The EPA was required to conduct continuous evaluations monitoring the potential loss of employment, resulting from enforced provisions of the Clean Air Act. The EPA also failed to applicably implement investigations on threatening plant closures, or employment reductions allegedly resulting from EPA enforcement efforts.
Both parties filed cross motions for summary judgement in 2016. But, on October 17, 2016, US District Judge John Preston Bailey denied the governments motion, and granted the motion of Murray Energy Corporation. The EPA lost the case and was ordered by Judge Baily to comply with the Clean Air Act.
The EPA was ordered to file a plan and schedule to comply with its effects on coal industry regulations within fourteen days of the order. The EPA responded with a filing stating that the agency doesn’t perform the economic assessments specified, and would need two years to devise and implement a methodical strategy to do so. Judge bailey was not impressed with the filing.
Federal regulators have now been ordered to assess how many power plant and coal mining jobs are being lost to air pollution regulations. Judge Bailey made the ruling in response to Gina McCarthy’s filing that the EPA hasn’t performed such analysis in decades. The outgoing EPA administrator, McCarthy, had no means to comply with the ruling in a timely manner. Jude Bailey found her response to be insufficient, unacceptable, and unnecessary. (RELATED: Discover more news about the environment at Environ.news)
The EPA, like many federal agencies, is swift to bring criminal charges against unintentional violations of pollution laws, but it views its own compliance with the law as optional. The EPA is required by law to continuously analyze the economic impact where enforcing the Clean Air Act. McCarthy showed evidence that the EPA is hostile toward accepting the mission that Congress had established for the agency.
The EPA owes its powers exclusively to Congress, but shows contempt to their roots by acting as an independent power. The EPA operates as if it's entitled to enforce the legal provisions they wish, and ignore the ones they feel are inconvenient for them. Agencies who operate in such a manner are a threat to American freedom.
Judge Bailey has ordered the EPA to identify facilities which were harmed by regulations under the Obama administration by July 1, including facilities at risk of closing or cutting staff members. The EPA doesn’t feel that analyzing job loss will change global energy trends. This kind of arrogance is typical from the agency, which is responsible for carrying out its duties in accordance with the statutory mandate from Congress, and not for analyzing global energy trends.
Judge Bailey reminded McCarthy that the EPA doesn’t get to decide which governing provisions they can ignore, and that the EPA had the ability to recommend amendments to Congress. “It is time for the EPA to recognize that Congress makes the law, and EPA must not only enforce the law, it must obey it,” said Judge Bailey.
It will be important for the Trump administration to round up all rogue agencies in the US and ensure they are in compliance with the law. It won’t be an easy battle considering entrenched Democratic bureaucrats will be fighting every step of the way to maintain dictatorial supremacy over everyone. Judges like John Bailey, who are willing to stand up for the laws and resist liberal bureaucratic dictatorship, help make the difference.
Learn more about the EPA's climate science fraud at ClimateScienceNews.com.
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