WAR ON COAL FORMAL PUBLIC COMMENT FROM SLF - Next Round in Climate Change Battle with Obama's EPA
Oct. 16, 2014: The Southeastern Legal Foundation today filed a formal Public Comment in the U.S. Environmental Protection Agency's latest gambit to crush the American coal industry, the Obama administration's so-called "war on coal," and along with it, more than a million jobs, spikes in energy costs to consumers, and another example of the violation of Congressional intent and separation of powers.
The EPA's Proposed Rule, "Carbon Pollution Standards for Modified and Reconstructed Stationary Sources: Electric Generating Units; Proposed Rule" 79 Fed. Reg. 34959 (June 18, 2014), proposes unilateral restrictions on coal and gas-fired electric generating facilities that are "out of bounds" and "well-beyond what Congress clearly intended in existing law," according to Shannon Goessling, SLF executive director and chief legal counsel. SLF won a decisive Supreme Court victory earlier this year challenging the EPA's "climate change" rules.
The currrent Public Comment period, much like its "climate change" predecessor, will be the first round in administrative and legal challenges against the enactment of the Proposed Rule. "We are preparing our legal strategy under the assumption that the Obama administration's EPA will go ahead with the Proposed Rule despite the fact that they lost a similar effort in the Supreme Court earlier this year," said Goessling.
SUPREME COURT EPA DECISION "CLEAR WIN" AGAINST EPA, WHITE HOUSE
In The Washington Examiner, SLF executive director and chief legal counsel, Shannon Goessling, assesses the long-term impact of the Supreme Court decision striking down the EPA re-write of the Clean Air Act in the climate change case, July 6, 2014
SUPREME COURT SLAMS EPA ON GREENHOUSE GAS REGS: "Overreach, Violates Separation of Powers" in 5-Year Climate Change Case
In a stunning victory today, the Supreme Court of the United States held that the Obama Administration's EPA overstepped its authority by rewriting the Clean Air Act to fit its regulatory scheme on greenhouse gas emissions.
SUPREME COURT UPDATE, Feb. 24, 2014: EPA Cases Argued, Court Questions EPA Authority Under Clean Air Act - Constitutional Separation of Powers At Stake
SPECIAL UPDATE: February - April, 2012
Salem Radio Network national hosts Mike Gallagher, Hugh Hewitt, Michael Medved, and Dennis Prager will feature SLF litigation team members, including Shannon Goessling, before, during and after the oral arguments in the U.S. Court of Appeals for the District of Columbia on Feb. 28-29.
The two-month series will reach tens of millions of Americans with the "story behind the story" of the Obama administration's EPA $1 trillion regulatory tax takeover - and why every American should care about this case.
Check out "Media - Audio" page on this website (click at top of this page).
Stay TUNED for the developing story on this website and at www.southeasternlegal.org.
Southeastern Legal Foundation (SLF) is a national constitutional public interest law firm and policy center founded in 1976. Based in Atlanta, Georgia, SLF litigates and promotes public policy across the nation in federal and state courts, appearing more than three dozen times before the Supreme Court of the United States.
SLF advocates for individual liberties, limited government within the confines of the U.S. Constitution, and the free enterprise system in the courts of law and public opinion.
SLF has never shied away from critical and controversial matters.
- SLF won a landmark U.S. Supreme Court decision in 1999 banning the use of statistical sampling for the 2000 Census promoted by the Clinton administration (Glavin, et al. v. Clinton, et al.)
- SLF, along with co-counsel, former Independent Counsel Kenneth Starr, challenged the constitutionality of the McCain-Feingold campaign finance law (McConnell, et al. v. FEC, et al.)
- SLF attorneys filed the initial complaint with the Arkansas Supreme Court Committee on Professional Conduct, seeking disciplinary measures for lying under oath and obstructing justice in a federal trial. SLF litigated the matter before the Arkansas Supreme Court, which unanimously held that disciplinary proceedings must proceed. SLF efforts resulted in President Clinton surrendering his law license while in office, later affirmed as disbarment in the U.S. Supreme Court.
- SLF has won landmark U.S. Supreme Court decisions protecting private property and free speech rights, challenging unconstitutional government quotas for public contracting and school admissions, and has participated in recent cases involving Second Amendment and Voting Rights Act issues.
Global Warming – Lawsuits and Science
SLF began work on global warming issues in 2006 with investigations into mass tort/class action lawsuits filed after Hurricane Katrina alleging public nuisance claims against American industry for “causing” alleged global warming that caused the destructive hurricane. During the investigation, SLF uncovered scientific evidence by leading credible scientists that “global warming”/climate change is not the “consensus” established by the United Nations Intergovernmental Panel on Climate Change (IPCC) in its reports. Further investigation – as well as review of recent disclosures by a whistleblower at the U.S. Environmental Protection Agency (EPA), the Copenhagen conference failures, and “Climategate” disclosures of alleged data fraud – reveal that the matter of human-caused (anthropogenic) climate change is anything but “settled science.”
Nonetheless, despite more than 300,000 thousand lucid, relevant formal public comments submitted to the EPA during the 2009 public comment period on its proposed Endangerment Finding related to carbon dioxide greenhouse gas emissions, including a comprehensive report from SLF (see inside this website at “Why a Lawsuit?” and “How the EPA Got It Wrong”), EPA Administrator Lisa Jackson issued an Endangerment Finding on December 7, 2009.
The Endangerment Finding indicates that draconian, costly regulations will be promulgated by the EPA in 2010 and beyond (according to reports, more than 600 pages of new mandates that will impose costly and invasive burdens on American industry and energy and, therefore, consumers and taxpayers).
Taking the Matter to Court
SLF, representing a group of well-informed and concerned Americans, including leaders in Congress who have been intimately involved in climate change issues for more than a decade, has brought the first of likely several court and administrative legal actions. The goal is to compel the federal government to follow the laws as enacted by Congress and to pursue legitimate public policy based on legitimate scientific data. The American people deserve no less, and the U.S. Constitution mandates it.
The proposed measures in the EPA’s arsenal will cripple the American economy at a cost of at least $1 trillion over the next decade – and will provide no significant environmental benefit to the climate and environment over the next 30 years.
SLF is providing background legal and scientific information on this website during the pendency of the various legal actions in order to ensure that the American people have access to the proceedings and to solid representative materials of the scientific inquiry into climate change.
For more information, please contact SLF at email@example.com, or by phone at (770) 977-2131.
Please direct media inquiries to:
(703) 850-3533 (770) 317-2423