Stunning Rebuke to EPA Overreach by Constitutional SuperLawyer
by Mark Ramsey on March 18, 2015 at 10:00 AM
The ability of the EPA to do essentially whatever it wants was soundly criticized yesterday by Harvard's Constitutional Law uber-expert Lawrence Tribe (NOT typically a conservative ally). His comments were regarding EPA authority to regulate power plants (and others) via new regulations and interpretations of the Clean Air Act without implied or explicit concurrence from Congress.
Such regulations carry the weight of law, and have been blamed in numerous cases of coal-fired power plant closings.
The entire testimony is riveting, especially given the background and stature of Professor Tribe. As an example:
"EPA is attempting an unconstitutional trifecta: usurping the prerogatives of the States, Congress and the Federal Courts all at once. Burning the Constitution should not become part of our national energy policy." (from the testimony transcript, online tonight at the link below, p ii.)