Paul Ryan’s
Omnibus Budget Surrenders to EPA Radicals
by
Michael Patrick Leahy17 Dec 2015
Speaker
Rep. Paul Ryan (R-WI) 58% continues
predecessor Rep. John Boehner (R-OH) 28%’s
tradition of surrendering to liberal Democrats.
Ryan’s
decision to remove critical riders from the Omnibus budget bill that intended
to stop the EPA’s
radical and statutorily unauthorized new rules that could devastate America’s
coal and farming industries is just the most recent version of the GOP white
flag.
A
vote on the Omnibus budget deal is imminent in the House, now that it has passed the
companion tax bill.
The
first environmental rider was designed to legislatively neuter the
controversial Waters of the U.S. rule, published in June, in which the EPA and
the Army
Corps of Engineers seek to regulate puddles on private property.
Earlier this week, the Government Accountability Office issued a report
that said the agency’s social media campaign in support of the rule was
illegal. In October, a federal appeals court placed a stay on the regulation, a
consequence of litigation brought by 22 states.
The
second environmental rider was designed to invalidate the controversial coal
fired power plant carbon dioxide emissions reduction rule, also finalized in June.
As
the Daily Signal reported,
both of these conservative-backed environmental riders were among the 150
conservative riders Ryan unceremoniously dropped to insure the bill receives
enough Democrat votes to pass.
The
Washington Post was quick to declare
Ryan’s cave-in to the environmental radicals a complete victory for Democrats:
CLEAN
WATER
Democratic
win.
The Environmental
Protection Agency’s recent update
of clean water regulations, known as the “Waters of the United States” rule,
extended federal protection to new U.S. waterways — and provoked a stern
response from Republicans, who said it would have a grave impact on farmers,
ranchers and businesses. Democrats filibustered GOP attempts to block the rule
this fall, and a push to include a rider in the spending bill also fell short.
But the new regulations are on hold in any case: The U.S. Court of Appeals for
the Sixth Circuit put the so-called “WOTUS” rule on hold in October.
CLIMATE
CHANGE
Democratic
win.
Republicans hoped to attack President Obama’s climate change agenda from at
least two fronts. For one, they have tried to strike down or at least delay the
Clean Power Plan rules issued by the down or at least delay the Clean Power
Plan rules issued by the Environmental Protection Agency, the first federal
effort to limit carbon emissions from U.S. power plants.
If
anything, the Washington Post downplayed the scope of the Democratic
victory. Speaker Ryan readily bent to the will of radical liberals on these environmental
riders.
Both
the Waters of the U.S. and coal fired power plant carbon dioxide emission
reduction rules represented new lows in Obama administration advocacy far
beyond statutory authority.
As
Breitbart News reported previously
on the carbon dioxide emission rules:
It
is not the Congress of the United States that’s making energy law in America
today. Instead, it is far left bureaucrats in the Obama administration and
their wealthy far left ideologue friends who run a handful of environmental
activist groups and OFA.
The
kabuki theater process by which the EPA demanded states reduce carbon dioxide
emissions from coal power plants by 32 percent through regulatory fiat is just
the most recent and most egregious example of this subversion of the law.
Consider
these facts:
(1)
There is no statutory authority for the regulation of carbon dioxide emissions,
and particularly from coal fired power plants.
(2)
A dozen liberal states, including Connecticut, where current EPA Administrator
Gina McCarthy at the time served as head of the Department of Environmental
Protection, performed an end run around Congress in 2007, and persuaded five
liberal judges on the Supreme Court to
legislate from the bench and declare carbon dioxide a pollutant in the case
Massachusetts v. EPA.
(3)
When the rule was proposed in June 2014, its key enforcement
mechanism—requiring states to develop carbon dioxide emission level compliance
rather than specifying pollution control equipment—had no statutory authority.
(4)
The public comment period from June 2014 to December 2014 was conducted in
close cooperation with ideological allies, such as Organizing for Action. The
agency highlighted supporters and ignored opponents of the rule.
The
WOTUS rule was equally egregious. In May, the House passed
Rep. Bill Shuster (R-PA) 47%’s bill, the Regulatory Integrity
Protection Act, which would stop it, but the Senate has failed to act on that
legislation.
“Pennsylvania’s
farmers, homebuilders, and small businesses are a backbone of our economy and
the EPA’s attempt to stifle their growth through this federal power grab will
cause great harm to our region,” Shuster said three months
later in August when a federal district judge stayed the rule. He added:
The
House has passed my legislation, H.R.1732 the Regulatory Integrity Protection
Act, which would require the EPA to withdraw their [Waters of the U.S.] rule
and go back to the drawing board. I will continue urging them to reconsider
this misguided proposal, which creates a new level of unchecked government
expansion that tramples state and local government rights along with the
individuals that will be forced to face major government fines that will
cripple their businesses.
Conservatives
included a rider to the Omnibus budget bill designed to accomplish the
objectives of the Regulatory Integrity Protection Act the House passed in May,
but Ryan took that rider out as well.
Back
in November, Ryan gave conservatives some hope he might push for their agenda,
as Politico reported at
the time:
Here’s
what the Republican wish list includes: block Waters of the United States
regulations that some Democratic moderates also oppose; overwrite a proposed
fiduciary rule that would make brokers legally liable for the investment advice
they give to customers; kill the EPA’s clean power plan, which Republicans fear
will hurt home-state coal companies; and continue to chip away at Obamacare.
But
in the cold December light of Inside-the-Beltway realpolitik, Ryan’s private
dinner with Democratic Majority Leader Rep. Nancy Pelosi (D-CA) 9%
in his Capitol Hill office last week, catered by a local steakhouse, held more
sway in his final decisions about the Omnibus budget bill than those November
promises he made to his more conservative GOP colleagues.
Paul Ryan
Paul Ryan is a member
&
speaker for the U.S. House of
Representatives, a member of the National
Commission on Fiscal Responsibility and Reform, was a recipient of
"Defender of the American Dream" award from the Americans for Prosperity, and a guest at the Koch Industries annual conference.
Note:
National
Commission on Fiscal Responsibility and Reform is a paid for staff by the Economic Policy Institute.
Open
Society Foundations was a funder for the Economic Policy Institute.
George Soros is the
founder & chairman for the Open
Society Foundations, and was the chairman for the Foundation to Promote
Open Society.
Foundation
to Promote Open Society was a funder for the Economic Policy Institute, the Aspen
Institute (think tank), the ClimateWorks
Foundation, and the Climate Reality
Project.
Lester Crown was a lifetime
trustee at the Aspen Institute (think
tank), and Henry Crown’s son.
Henry Crown was Lester Crown’s father, and a lieutenant
colonel in the U.S. Army Corps of
Engineers.
Jack Valenti was a
trustee at the Aspen Institute (think
tank), and a member of the Burning
Tree Club.
Antonin Scalia is
a member of the Burning Tree Club, a
justice for the U.S. Supreme Court,
and was a guest at the Koch Industries
annual conference.
John A. Boehner is
a member of the Burning Tree Club,
and was a member & speaker for the U.S.
House of Representatives.
William A. Nitze
is a trustee at the Aspen Institute
(think tank), and was an assistant administrator for the U.S. Environmental Protection Agency (EPA).
David H. Koch is a
trustee at the Aspen Institute (think
tank), the chairman for the Americans
for Prosperity Foundation, the EVP for Koch
Industries, and was a donor for the Americans
for Prosperity.
Americans
for Prosperity Foundation is an affiliated group with the Americans for Prosperity.
Koch Industries
is the sponsor for the Koch Industries
annual conference.
Antonin Scalia
was a guest at the Koch Industries
annual conference, is a member of the Burning
Tree Club, and a justice for the U.S.
Supreme Court.
Clarence Thomas
was a guest at the Koch Industries
annual conference, and is a justice for the U.S. Supreme Court.
Alex A. Beehler
was the environmental and regulatory affairs director for Koch Industries, and a special assistant for the U.S. Environmental Protection Agency (EPA).
William K. Reilly
was an administrator for the U.S.
Environmental Protection Agency (EPA), and is the chairman emeritus for the
ClimateWorks Foundation.
Lee M. Thomas was
an administrator for the U.S.
Environmental Protection Agency (EPA), and a director at the Climate Reality Project.
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