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View Diary: McConnell, other coal company puppets, seek pre-emptive squelching of EPA's power plant rule (32 comments)

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  •  David Vitter said: (2+ / 0-)
    Recommended by:
    6412093, Meteor Blades
    "The Energy Policy Act of 2005 clearly prohibits EPA from considering certain federally funded projects when setting the standards
    This is clearly a BS claim since the Energy Policy Act of 2005 does not contain any amendments at all to the Clean Air Act, so the Vitter claim fails.
    •  I do not understand (0+ / 0-)

      How does the lack of amendments to CAA factor into this?

      If Obama is so concerned about terrorism, why has no individual in the FBI been held accountable for the apparent failures relating to the Boston marathon bombings?

      by GideonAB on Tue Jan 21, 2014 at 08:40:30 PM PST

      [ Parent ]

      •  The Federal Clean Air Act is codified (1+ / 0-)
        Recommended by:
        Meteor Blades

        at 42 U.S.C. Section 7401 through 7671o of the United States Code and is the sole federal legislative authority in United States law for binding statutory regulation addressing air pollution prevention and control of emissions.

        This means that a legislative enactment must amend these sections of the United States Code in order to have any effect on EPA decisionmaking under the Clean Air Act that would, in any way, address either the stringency, applicability or emission control requirements binding on emission sources in the United States.

        However, if you go and review the Energy Policy Act of 2005, you'll find that no provisions of that law amended any portion of the air pollution prevention United States Code I cited in the first paragraph.

        A legislative enactment must amend the applicable statutory authority for EPA authority under the air pollution prevention section of the United States Code.  If such an enactment did not do that, it cannot unconstitutionally amend that section of code by implication without accomplishing a specific legislative enactment section.

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