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Going Rogue, Part X: Americans just don’t properly appreciate the EPA

Going Rogue, Part X: Americans just don’t properly appreciate the EPA


Americans do not fully appreciate the efforts of government to protect them from a wide variety of threats to their health and safety. This effort occurs to some degree at the more local levels, but the real champion of this grand effort is the federal government.

While many federal agencies contribute to this effort, one goes far beyond the others at trying to keep us safe: the Environmental Protection Agency, the EPA.

The EPA is so concerned for the safety and protection of the citizens of the U.S. that it has issued thousands of regulations requiring specific steps be taken to reduce or eliminate actual or potential harm. This agency is so concerned for our welfare that it has even required, under penalty of heavy fines, the use of things that are unavailable.

As part of the Renewable Fuel Standard the EPA required gasoline producers to use cellulosic biofuels, and in its paternalistic effort to keep us safe from threats real and imagined, the EPA fines producers for not using the required quantities of biofuel ingredients, even though those quantities are unavailable.

Not everyone is on board with the EPA’s magnificent efforts on our behalf, such as Sen. Joe Manchin (D-WV) and Nebraska Attorney General Jon Bruning, whose office is suing the EPA over greenhouse gas standards for new power plants. These standards are, according to the AG and the Senator, “impossible” to meet.

The U.S. Chamber of Commerce and energy industry groups have jumped on the anti-EPA band wagon by urging the United States Circuit Court of Appeals for the District of Columbia last August to strike down a federal rule limiting mercury and other toxic emissions from coal- and oil-fired power plants, saying the Agency used flawed methods to create unachievable emissions standards.

Even the EPA’s fellow federal agency, the State Department, has shocked Americans by daring to disagree with the ideological environmental dogma of the Obama administration.

When the State Department was performing an environmental review of the Keystone XL pipeline project, the EPA intervened. The pipeline project would carry crude oil from Alberta, Canada to refineries in the U.S., which supporters say would provide a big step toward energy independence. The EPA argued, however, that this pipeline should be treated differently than every other pipeline ever constructed in the country.

The State Department’s report found that the project would create nearly 2,000 jobs lasting for two years and would support more than 40,000 jobs, and further finds that the pipeline provides enough positives to negate whatever negatives the EPA believes may result.

Even the International Brotherhood of Boilermakers found reason to criticize the EPA’s zealous efforts to protect us from every conceivable negative influence in our lives. The Boilermakers’ President Emeritus Charles W. Jones states in a commentary on the union’s Web site, “particle and ozone standards will damage the economy without significantly helping the environment.”

The EPA has moved to make ozone and airborne particle standards so strict, in fact, “that former EPA administrator William Ruckelshaus has called them ‘an impossible standard of perfection,’" the commentary continues. “So strict that many U.S. electrical power plants, pulp mills, cement kilns, chemical plants, smelters, and manufacturing plants are expected to close down rather than try to meet them. Thousands of American workers could lose their jobs. So strict that many of the scientists on the Clean Air Scientific Advisory Committee (CASAC) cannot support them,” Mr. Jones states, citing the effects on his organization’s members.

Thirty-nine Congressional Republicans led by Senate Minority Leader Mitch McConnell (R -KY) are attempting to use a rare legislative tactic to block planned Environmental Protection Agency greenhouse gas standards that would limit the amount of carbon new power plants can emit. The rarely used Congressional Review Act enables the filing of a formal resolution of disapproval that allows Congress to block executive branch regulations that it considers onerous.

Last month, a federal court dealt a serious blow to the EPA's renewable fuels push by ruling that the agency exceeded its authority by mandating refiners use cellulosic biofuels because of their commercial scarcity, a determination that should not require legal action.

It is encouraging to see opposition to the tyranny of the EPA growing, and at last see meaningful opposition coming from Congress. However, the majority of this opposition comes from Republicans, while the timid Democrats mostly sit on their hands, allowing the executive branch to run roughshod over the legislative branch, while their constituents get crushed under the federal boot.

The Democrats simply look the other way, likely because the lead perpetrator of this unconstitutional behavior is one of their own. They ought to think a little (for a change) and realize that someday it may be a Republican in the position to abuse the office, and the Congress.

It is doubtful that any of this will have much of a positive effect on this out-of-control agency, which, because of its ideological blinders and the infection of uncontrolled zealotry that is the hallmark of the Obama administration, ignores the damage its policies and regulations do to the country it is supposed to serve.

The IRS scandal hearing would be hilarious if it wasn't so serious

The IRS scandal hearing would be hilarious if it wasn't so serious


The House Committee on Oversight and Reform hearings on Internal Revenue Service malfeasance has produced scenes worthy of a Mel Brooks film, or maybe "Hogan's Heroes" (“I know nussing!”) As of Friday morning, the following had transpired.

Lois Lerner appeared before the committee last Wednesday. She is the IRS director of exempt organizations, which is the office that deliberately targeted organizations with "Tea Party," "Patriot" and other identifiers in their names indicating they were conservative organizations. These organizations not only had their applications for 501(c) tax-exempt status delayed for up to three years, but in many cases were asked for information that is clearly outside the legitimate areas of interest of the IRS, and which crossed the line into unconstitutionality and perhaps illegality.

Ms. Lerner told the Committee in an opening statement that Committee members have already accused her of providing false information to Congress. However, she said, “I have not done anything wrong. I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.”

Having thus stated the case for her innocence, she then invoked Fifth Amendment protections against incriminating herself, and refused to answer any questions.

Translation: "I did nothing wrong, but I won't answer any questions that might show that I did something wrong."

Committee chairman Rep. Darrell Issa (R-Calif.) asked her to reconsider, and when she refused he then dismissed her and her attorney from the hearing room. However, Rep. Trey Gowdy (R-S.C.) objected, pointing out that since Ms. Lerner actually testified by making an opening statement, she should have to stay and answer the lawmakers' questions.

"You don't get to tell your side of the story and then not be subjected to cross-examination," Rep. Gowdy said. "That's not the way it works. She waived her right to Fifth Amendment privilege by issuing an opening statement. She ought to stand here and answer our questions," he said.

Ms. Lerner was ultimately dismissed, but with the caveat that she may be recalled. Better late than never, on Thursday she was suspended from her job. With pay.

This is not the first time the long-time federal employee has been suspected of questionable behavior. When she headed the Enforcement Office at the Federal Election Commission (FEC) from 1986 until 2001, there appeared to be politically motivated harassment of conservative groups not unlike what the IRS  did. In the late 1990s, the FEC launched an investigation of the Christian Coalition that ultimately cost the organization hundreds of thousands of dollars and countless hours of lost work.

However, in addition to failing to prove that the Coalition did anything wrong is the question of whether the FEC even had authority to assert the charges it leveled against the Coalition, which was absolved of any wrongdoing in 1999. Following this suspicious investigation Ms. Lerner was promoted to acting General Counsel at the FEC in 2001.

Next to testify was Douglas Shulman, who was appointed by George W. Bush and headed the IRS during the first Obama term. In 2012 he testified before the Committee, saying, "As you know, we pride ourselves in being a non-political, non-partisan organization." He continued, "There is absolutely no political targeting." We now know that was clearly untrue.

In last week's appearance Mr. Shulman denied that he had discussed targeting conservative groups with anyone at the White House in any of the more than 100 times he visited the White House complex between 2010 and 2011.  “It would not have been appropriate to have a conversation with anyone at the White House about the subject of discriminating against conservative groups,” he said.

When asked if he could recall the nature of any of those visits, Mr. Shulman responded, "The Easter Egg Roll with my kids." Seriously.

In response to questioning from Rep. Tammy Duckworth (D-Ill.), Mr. Shulman replied: "I accept the fact that this happened on my watch and I am very sorry that this happened while I was at the IRS. I feel horrible about this for the agency, for the people there, for the great public servants. I am not sure what else I can say." He could have overtly taken responsibility for his agency's malfeasance while he headed it, and apologized to the victims, but he didn't.

Ms. Duckworth, a military veteran, said that she was "deeply disappointed" by his response, explaining that soldiers serving their country know "you can never delegate responsibility and that you are always responsible for the performance, the training, the actions of the men and women under you."

Former President Harry Truman had a sign on his desk that read: "The Buck Stops Here." This is a concept foreign to many in this administration. But it is the law of leadership, whether at the department level, or at the chief executive level: Whatever happens on your watch is your responsibility.

Maybe actually holding people accountable for their mismanagement through firings and prosecution will wake up sleeping bureaucrats like Ms. Lerner and Mr. Shulman, and restore the idea of "service" to public service.

What scandals? There are no scandals here. Please keep moving.

What scandals? There are no scandals here. Please keep moving.


The broiling controversies of the Benghazi scandal, the IRS wrongdoing, and the questionable seizure of Associated Press telephone records by the Department of Justice have forced those on the left and those that don't pay much attention to what goes on in the political realm to recognize that our government indulges in improper and oppressive behavior. And this tumultuous atmosphere has spawned some wild and crazy things.     

Joe Scarborough, host of MSNBC's "Morning Joe" program and vociferous gun control advocate, had an epiphany brought on by the federal government's improper behavior. During a roundtable discussion on the show he said, “My argument [for gun control] is less persuasive today because of these scandals.” He went on to explain that “People say, ‘Hey, if they do this with the IRS, asking people what books you read, then how can I trust them with information about my Second Amendment rights?’” There was general agreement among the show’s other participants.

Another unusual thing was former White House senior advisor David Axelrod’s defense of President Barack Obama. He said that the president can't be held responsible for what underlings do. The reason is that our government is so large that no one person can control what all of the two million Executive Branch employees do.

He's right: government is way too big and far too powerful. David Axelrod is a limited government guy. Who knew?

But the fact that government is too big doesn't relieve the President of the United States, whomever that might be at any given time, of the duty to manage the Executive Branch and keep it within its constitutional limits, and to always respect the citizens it serves. Plainly, Mr. Obama has not done that.

In our highly charged political environment, not everything that the president's loyal opposition calls a scandal is truly a scandal. But conversely, everything that Mr. Obama's sycophantic fans wish was not a scandal isn't a scandal, and their efforts to explain them away often border on silliness. Columnist Reg Henry ably demonstrated that with inadequate attempts to downplay a few of them and make them go away.

Of the Fast and Furious debacle Mr. Henry said it "was a crackpot scheme to trace guns to Mexican drug cartels, but it was a hard sell because, as you know, guns don't kill people."

He is obviously correct about it being a crackpot scheme, although that characterization does not do justice to this colossal idiocy. And his sarcastic comment about guns not killing people unintentionally conveyed the truth.

But he's totally wrong about whether Fast and Furious is a scandal. Not only did the the Justice Department fail to achieve the fundamental goal of this misadventure — to trace the guns they provided to the Mexican cartels — but an American Border Patrol officer was murdered with one of them. That indeed is a scandal.

Next, in trying to wish away the Green Energy fiasco, he states, "The Solyndra scandal involved a big waste of public money, but the real offense seemed to be that the administration was promoting solar power. Oh, the horror."

So-called "public money" is money taxed away from taxpayers ostensibly to be used responsibly and for beneficial purposes, not so that billions can be wasted on the personal whim of the president to prop up a preferred industry, one that is so unstable that it cannot succeed even after being propped up. Mr. Henry is apparently unaware that it is neither within the president's nor the federal government's authority to decide which industries succeed and which do not.

In reference to what he called "Benghazi-gate," he cautions us that "it's far from clear what the president knew and when he knew it." But again he misses the point. What makes Benghazi a scandal is not what Mr. Obama and then-Secretary of State Hillary Clinton knew and when they knew it, although that certainly deserves an explanation, it's the fact that his administration and/or her department disgracefully failed to provide requested and needed security upgrades before the attack began. Had they acted properly it just might have prevented all four of the murders that resulted from the attack on the Benghazi consulate. And then, there’s the video smoke screen to explain.

Some believe the Obama administration overtly engineered the effort by the IRS to target conservatives, Tea Party groups and other conservative organizations. But others blame this oppressive behavior on a "culture of suspicion" of conservative organizations created by President Obama's near-continuous public criticism of those individuals and organizations. After all, if the president repeatedly makes public statements saying these people are up to no good, shouldn't good bureaucrats try to please the boss and go after the bad guys?                                  

President Obama told graduates of The Ohio State University earlier this month that “you've grown up hearing voices that incessantly warn of government as nothing more than some separate, sinister entity that's at the root of all our problems. ... They'll warn that tyranny is always lurking just around the corner. You should reject these voices.” But the swirling controversies that demonstrate actual government tyranny render that advice dangerous and unworthy.

If our government does not protect us from ourselves, who will?

If our government does not protect us from ourselves, who will?


New York City Mayor Michael Bloomberg literally believes he is his brother's keeper, and in fact the keeper of all the millions of New Yorkers and visitors to the city. He was thus compelled to ban the sale by restaurants and other venues of sugary drinks in doses larger than 16 ounces, citing an ethical mandate for someone to do something to protect people from themselves.

Such feelings are at the root of boundless dictates from governments at all levels, and are frequently the product of folks who believe not only that they know better than we do what is best for us, but also feel led to control our behavior for our own good.

However, New Yorkers may rest marginally easier now that a state Supreme Court Judge has properly ruled that the Bloomberg Ban is "arbitrary and capricious," and is now null and void.

This penchant among the nation's nannies produces varying degrees of damage. Some actions, like the Bloomberg Ban, are relatively harmless, merely restricting the personal liberty our Founders provided for us to pursue happiness.

Others, like the ban on Edison's incandescent light bulbs that have served us economically and dependably for well more than a century, have more serious effects. The newly mandated compact fluorescent lamps (CFLs) are said to use less energy and last longer than their predecessors, but are far more expensive, do not fit in many fixtures that incandescent bulbs do, and contain mercury, a substance that in emissions from coal burning electricity plants is viewed with great alarm by environmentalists, but is just peachy in CFLs. If you are unfortunate enough to break one of these bulbs, you must declare a minor hazmat emergency and execute a rigorous, time consuming and inconvenient cleanup routine. None of this is deemed nearly as important as the minuscule reduction in electricity use that CFLs provide, however.

Hyped-up environmental fears have spawned legions of regulations and initiatives, among which is the development of green cars that either run on electricity, or hybrids that alternate between conventional gasoline power and electricity. At the heart of this movement is concern over those dastardly carbon emissions produced by burning gasoline and diesel fuel. Electric cars emit no carbon dioxide and hybrids only do so when operating in gasoline mode.

 We are told that if we do not take dramatic action immediately to reduce carbon emissions, the world will heat up and it will be even worse than the sequester. But the degree to which the activities of humans affect the world's temperature is a subject of (excuse the term) hot debate among scientists, and the evidence thus far -- when all the fraudulent and contrived data is omitted -- fails to support the doomsday prediction.

Nevertheless, President Barack Obama thought this was important enough to set a goal of having 1 million green cars on the road by 2015. But like CFLs, green cars are not consumer friendly, and sales in 2012 totaled a mere 50,000, well below what is needed to achieve Mr. Obama's goal. Consumers do not trust the immature technology and do not like their higher sticker prices.

Worse, you aren't told that environmental benefits are far less than we've been led to expect. A report by the National Center for Policy Analysis discusses the problems, noting that while electric cars do not contribute to "global warming," that is true only in the sense that they do not emit carbon dioxide. Building an electric car produces more than twice as much carbon-dioxide as building a conventional car, and because electric vehicles use electricity typically produced with fossil fuels, it indirectly emits about six ounces of carbon dioxide per mile compared with 12 ounces for a conventional car. Buying a green car that costs a lot more, uses an untrusted technology and contributes very little to environmental improvement holds little appeal for most people.

A Cato Institute report quoted former president Ronald Reagan: "Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves," and then suggested that "today’s policymakers would do well to heed Reagan’s words," noting that "Lawmakers at all levels of government have shown increasing contempt for personal responsibility and an increasing tendency to employ the power of the state to influence behavior. Government today pressures us to avoid risks, even risks that many of us knowingly and willingly take. There seems to be a consensus among nanny-statists that, with enough public service announcements, awareness campaigns, and social engineering efforts, Americans will start behaving as the nanny- statists want them to."

Yet, the nannies in both the public and private sectors ignore evidence that Americans prefer to think for themselves, enjoy the personal liberty we were given, and pursue happiness as we decide to, even if there is some risk attached to it.

Don't lie to us about the condition of the environment to gain control or force foolish changes to how we live, or force us to eat better or act differently for our own good. Just go away and leave us alone.