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Surface Temp Records: Deception? Download Here

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Lord Monckton, Congress May 2010 Download Here

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NASA Data More Flawed 3-30-10 Download Here

Climategate: Caught Green-Handed Download Here

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Global Warming: Australian Viewpoint Download Here

Scientific America's Climate Lies Download Here

Is the U.S. Temperature Record Reliable? Download Here

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United States Economic Impact from the Lieberman-Warner Proposed Legislation to Reduce Greenhouse Gas Emissions Download Here

Challenge to Scientific Consensus on Global Warming Download Here

Climate Audit:  Methods Abandoned by EPA, IPCC Download Here

Monday
Jun152015

SLF Files Petition for Review in U.S. Court of Appeals for District of Columbia: EPA Oversteps Again

June 12, 2015: Southeastern Legal Foundation filed a Petition for Review with the U.S. Court of Appeals for the District of Columbia requesting review of final action taken by the U.S. Environmental Protection Agency published into the Federal Register today.  The published Rule is a continuation of the greenhouse gas emissions regulatory scheme struck down by the U.S. Supreme Court as “defective” in 2014.

The EPA’s Rule is titled, “State Implementation Plans’ Response to Petition for Rulemaking; Restatement Update of EPA’s SSM Policy Applicable to SIP’s; . . . and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction,” Final Rule.

SLF filed formal Public Comments on May 10, 2013 and November 6, 2014 calling on EPA to withdraw the Proposed SIP Calls because of “substantive and procedural flaws due in large measure to the agency’s “sue and settle” rulemaking that was undertaken in this case.  EPA did not follow appropriate rulemaking procedures rendering the Proposed SIP Calls arbitrary and capricious, an abuse of discretion, beyond the agency’s statutory and Constitutional limits, and otherwise contrary to law.”

Further, SLF alleged that, despite decades-long practical regulatory framework in the vast majority of states for addressing startup, shutdown, and malfunction (SSM) events for stationary sources that recognized that emissions levels would exceed normal emissions levels during these occasional events, something else far more sinister has been afoot.

As SLF points out in its November 6, 2014 comments, “In June 2011, Sierra Club submitted a Petition for Rulemaking asking EPA to essentially wipe out these SSM provisions and longstanding regulatory practice.  Then, hardly a month later, EPA committed itself in a settlement agreement in unrelated litigation with Sierra Club and WildEarth Guardians to take action on the Petition.” 

“This pattern, now all-too-well established during the Obama administration, is called ‘sue and settle’ – essentially a tacit agreement between radical environmental groups and their allies in the EPA to tackle controversial new regulations as a means to defer or settle litigation,” said Shannon L. Goessling, SLF executive director and chief legal counsel.  “This represents the very worst kind of executive fiat – coercive and harsh regulations enacted in defiance of decades of well-established regulatory practice in order to achieve the ends of radical environmentalists – all in violation of clearly established executive limits and outside of Congressional authority under existing statutes.”

“We intend to challenge this unconstitutional ‘inside baseball’ and expose ‘sue-and-settle’ for what it is – complicit behavior intended to achieve unaccountable policy aims that are outside due process and regulatory deliberation that are designed to protect all Americans from arbitrary and capricious unilateral executive overreach,” Goessling added.

Click Here for SLF Filing

Click Here for New EPA SSM Rule

Click Here for SLF Public Comments to EPA in 2013-2014

Tuesday
Jun022015

Appeals Court Orders EPA to Respond: Greenhouse Gas Rules Not Settled

June 1, 2015:   The U.S. Court of Appeals for the District of Columbia today ordered the U.S. Environmental Protection Agency (EPA) to file a response within 15 days to the Petition filed last week by Southeastern Legal Foundation (SLF) and various parties for Rehearing En Banc seeking reconsideration of the court’s decision on remand from the 2014 U.S. Supreme Court decision holding that the EPA’s greenhouse gas rules were “defective.”  Utility Air Regulatory Group, et al. v. EPA, 134 S.Ct. 2427 (2014).

The Court of Appeals ordered, “Upon consideration of petitioners’ petition for rehearing en banc filed in the above-captioned cases, it is ORDERED, on the court’s own motion, that, within 15 days of the date of this order, respondent EPA file a response to the petition for rehearing en banc, not to exceed 15 pages. Absent further order of the court, the court will not accept a reply to the response.”  Coalition for Responsible Regulation, Inc. et al. v. Environmental Protection Agency, Nos. 09-1322, 10-1073, 10-1092.

“Today’s order mirrors a similar order in the greenhouse gas case ruled on last year by the Supreme Court – that the EPA should respond to ensure the Court of Appeals has a complete record to consider,” said Shannon Goessling, SLF executive director and chief legal counsel, representing nearly two dozen companies and associations.

Click here for Court Order

Thursday
May282015

SLF Files Petition for Rehearing in DC Court of Appeals: EPA Rules "Defective," Says Supreme Court

May 27, 2015:    Southeastern Legal Foundation today filed a Petition for Rehearing and Rehearing En Banc in the U.S. Court of Appeals for the District of Columbia seeking reconsideration of its decision following the U.S. Supreme Court blockbuster decision holding the U.S. Environmental Protection Agency (EPA) greenhouse gas rules were defective for substantive reasons.  Coalition for Responsible Regulation, Inc., et al. v. EPA, Nos. 09-1322, 10-1073, 10-1092.

The U.S. Supreme Court decision is Utility Air Regulatory Group, et al. v. EPA, 134 S.Ct. 2427 (2014). 

On remand from the Supreme Court, the U.S. Court of Appeals for the District of Columbia later remanded the greenhouse gas rules back to EPA without vacating the rules, instructing EPA to “consider whether any further revisions to its regulations are appropriate in light of [the Supreme Court decision].”

The Coalition for Responsible Regulation, Inc., Southeastern Legal Foundation, Landmark Legal Foundation, and the Competitive Enterprise Institute joined in the petition.

“The Supreme Court’s 2014 decision on EPA’s greenhouse gas rules is clear – the rules are substantively defective under the Clean Air Act,” said Shannon L. Goessling, executive director and chief legal counsel for Southeastern Legal Foundation, which represented nearly two dozen plaintiff companies and organizations challenging the EPA’s so-called “climate change” rules.

“The exceptional importance of the EPA’s rules and the strong decision by the Supreme Court in this matter require more than permission from the Court to EPA to change the rules if it sees fit,” Goessling added.  “The amended judgment also runs counter to case precedent in the U.S. Court of Appeals for the District of Columbia that requires that remanded cases secure and maintain uniformity with the Supreme Court decisions.  That clearly has not happened here.”

Wednesday
Feb112015

EPA Plays 'Hide the Ball': SLF Files FOIA Lawsuit in Federal Court

Click here for statement and complaint as filed, Feb. 10, 2015.

Monday
Dec152014

SLF Back in U.S. Court of Appeals on EPA Air Quality Final Order

Brief - U.S. Court of Appeals for the District of Columbia - SLF filed amicus brief with Intervenor San Miguel Electric Cooperative, Inc. on Petition for Review of Final Order of the U.S. EPA, challenging the EPA's arbitrary and capricious Cross-State Air Pollution Rule (CSAPR) as a threat to the integrity of the U.S. power grid, 12-14-14 Download Here