Marita: Loves the strike down of one portion of Obama’s overall little legacy

Link to: Striking down Obama’s climate legacy has its day in court

 

Greetings!

 

This week, I knew early on what my topic would be. For the past couple years, I’ve followed the Obama administration’s Clean Power Plan (CPP)—including offering public comment at one of the EPA’S “listening sessions” in Atlanta. Back in February, I wrote about the Supreme Court’s historic stay. On Tuesday,  September 27, more history was made when the full DC Appeals Court heard oral arguments regarding the CPP—from both defenders and detractors. There, history was made again: the full court engaged in the arguments for the full day.

 

Despite the historic nature of the case, few people are following it—or even knew about the CPP’s day in the Appeals Court.

 

For my weekly radio show: America’s Voice for Energy, I interviewed two of the lawyers involved in the case who were in the room for the full oral arguments. Their insights, along with news reports, resulted in this week’s column: Striking down Obama’s climate legacy has its day in court (attached and pasted-in-below).

 

Marita Noon 2015 Turquiose

Marita Noon

Executive Director, Energy Makes America Great, Inc.

PO Box 52103, Albuquerque, NM, 87181

505.239.8998

 

For immediate release: October 3, 2016

Commentary by Marita Noon

Executive Director, Energy Makes America Great Inc.

Contact: 505.239.8998, marita@responsiblenergy.org

Words: 1128

 

Striking down Obama’s climate legacy has its day in court

President Obama’s flagship policy on climate change had its day in court on Tuesday, September 27. The international community is closely watching; most Americans, however, are unaware of the historic case known as the Clean Power Plan (CPP)—which according to David Rivkin, one of the attorneys arguing against the plan: “is not just to reduce emissions, but to create a new electrical system.”

 

For those who haven’t followed the Environmental Protection Agency’s (EPA) rule, here’s a brief history that brings us to up to date:

  • EPA published the final CPP rule in the Federal Register on October 2015.
  • More than two dozen states and a variety of industry groups and businesses immediately filed challenges against it—with a final bipartisan coalition of more than 150 entities including 27 states, 24 trade associations, 37 electric coops, 3 labor unions, and about a half dozen nonprofits.
  • On January 21, the U.S. Court of Appeals for the District of Columbia denied a request for a stay that would have prevented implementation of the rule until the court challenges were resolved.
  • On February 9, the Supreme Court of the U.S. (SCOTUS), in an unprecedented action, before the case was heard by the lower court, overruled, and issued a stay that delays enforcement of CPP.
  • The Court of Appeals was scheduled to hear oral arguments before a three-judge panel on June 2, but pushed them to September 27 to be heard by the full court—something the court almost never does (though for issues involving “a question of exceptional importance” procedural rules allow for the case to proceed directly to a hearing before the full appeals court).

 

The court, which is already fully briefed on a case before hearing the oral arguments, typically allows a maximum 60-90 minutes to hear both sides and occasionally, with an extremely complex case, will allow two hours. The oral argument phase allows the judges to interact with lawyers from both sides and with each other. However, for the CPP, the court scheduled a morning session focusing on the EPA’s authority to promulgate the rule and an afternoon session on the constitutional claims against the rule—which ended up totaling nearly 7 hours. Jeff Holmstead, a partner with Bracewell Law, representing one of the lead challengers, told me this was the only time the full court has sat all day to hear a case.

 

One of the issues addressed was whether or not the EPA could “exercise major transformative power without a clear statement from Congress on the issue”—with the 2014 Utility Air Regulatory Group (UARG) v. EPA determining it could not. Republican appointee Judge Brett Kavanaugh noted that the UARG scenario “sounds exactly like this one.”

 

Judge Thomas Griffith, a Bush appointee, questioned: “Why isn’t this debate going on in the floor of the Senate?” In a post-oral argument press conference, Senator James Inhofe (R-OK) pointed out that the debate has been held on the Senate floor in the form of cap-and-trade legislation—which has failed repeatedly over a 15-year period. Therefore, he said, the Obama administration has tried to do through regulation what the Senate wouldn’t do through legislation.

 

“Harvard law professor Laurence Tribe, one of Obama’s mentors,” writes the Dallas Morning News: “made a star appearance to argue that the Clean Power Plan is unconstitutional.”

 

Judge Karen LeCraft Henderson, a Bush appointee, concluded: “You have given us all we need and more, perhaps, to work on it.”

 

The day in court featured many of the nation’s best oral advocates and both sides feel good about how the case was presented.

 

For the challengers (who call CPP “an unlawful power grab”), West Virginia Attorney General Patrick Morrisey, who along with Texas AG Ken Paxton, co-lead the case, reported: “We said (then) that we were looking forward to having our day in court on the merits. Today was that day. I think that the collective coalition was able to put very strong legal arguments forward, as to why this regulation is unlawful, and why it should be set aside.”

 

But the case has its proponents, too, and they, also, left feeling optimistic. In a blog post for the Environmental Defense Fund, Martha Roberts wrote about what she observed in the courtroom: “The judges today were prepared and engaged. They asked sharply probing questions of all sides. But the big news is that a majority of judges appeared receptive to arguments in support of the Clean Power Plan.” She concluded that she’s confident “that climate protection can win the day.”

 

The Wall Street Journal (WSJ) summarized the session saying that stakeholders on all sides were left “parsing questions and reactions, and searching for signs of which way the judges are leaning.” U.S. News reported: “The judges repeatedly interrupted the lawyers for both sides to ask pointed questions about the legal underpinnings of their positions.”

 

The decision, which is not expected for several months, may come down to the ideological make-up of the court: 6 of the judges were appointed by Democrat presidents and 4 by Republicans. Though, according to WSJ, Obama appointee Judge Patricia Millet “expressed concern that the administration was in effect requiring power plants to subsidize companies competing with them for electricity demand.” She offered hope to the challengers when she said: “That seems to be quite different from traditional regulation.” Additionally, in his opinion published in the Washington Post, Constitutional law professor Jonathan Adler, stated: “Some of the early reports indicate that several Democratic nominees posed tough questions to the attorney defending the EPA.”

 

Now, the judges will deliberate and discuss. Whatever decision they come to, experts agree that the losing side will appeal and that the case will end up in front of the Supreme Court—most likely in the 2017/2018 session with a decision possible as late as June 2018. There, the ultimate result really rests in the presidential election, as the current SCOTUS make up will be changed with the addition of the ninth Justice, who will be appointed by the November 8 winner—and that Justice will reflect the new president’s ideology.

 

Hillary Clinton has promised to continue Obama’s climate change policies while Donald Trump has announced he’ll rescind the CPP and cancel the Paris Climate Agreement.

 

The CPP is about more than the higher electricity costs and decreased grid reliability, which results from heavy reliance on wind and solar energy as CPP requires, and, as the South Australian experiment proves, doesn’t work. It has far-reaching impacts. WSJ states: “Even a partial rebuke of the Clean Power Plan could make it impossible for the U.S. to hit the goals Mr. Obama pledged in the Paris climate deal.” With Obama’s climate legacy at stake, the international community is paying close attention.

 

And Americans should be. Our energy stability hangs in the balance.

 

 

 

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc., and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy—which expands on the content of her weekly column. Follow her @EnergyRabbit.

 

 

The tragedy that is Obama

As Mr. Alexander explains, Obama has helped to create a giant killing machine that is being paid for with the slaughter of innocent refugees.  He created it, but he doesn’t seem capable of controlling it, and it looks as though he has no ambition to bring it to a stop.  Read on below to see just how callous Obama has become.  And, we would be remiss if we did not provide this link:

“The Patriot Post (http://patriotpost.us/subscribe/ )”

Alexander’s Column

Obama’s Middle East Legacy: A Catastrophic Humanitarian Crisis

Action and Inaction Have Consequences

By Mark Alexander · September 9, 2015   Print

“A feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever may be its theory, must be, in practice, a bad government.” —Alexander Hamilton in Federalist 69 (1787)

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There has been a lot of heated and well-deserved debate about the illegal migration across our southern border — most of those migrants seeking economic opportunities, and most ending up costing American taxpayers far more than any economic benefit. Indeed, they are pouring across that border because Barack Obama has opened the flood gates, fervently hoping that these illegal immigrants and their relatives here will prop up the Democratic Party in perpetuity.

Today, there is another mass migration underway, which is also the direct result of, and irrevocably tied to, another of Obama’s cynical political calculations.

For the past week, the media has served up a steady stream of heart-wrenching images and stories about refugees fleeing Islamist terror in the Middle East. That coverage was sparked by an image of a drowned three-year-old washed up on a Turkish beach, but the fact is more than 2,000 refugees have drowned in the exodus. There are now almost five million people exiting Syria and other nations in the region, and another six million remain displaced internally.

But, of course, the media fails to report what gave rise to this crisis.

The hard truth is that Obama’s ill-advised withdrawal from Iraq, an asinine re-election campaign ploy, left a power vacuum in the heart of the Middle East. That void was rapidly filled by the Islamic State in Iraq and the Levant as Syria collapsed into civil war.

Obama’s politically motivated malfeasance has created an epic humanitarian crisis.

My Special Forces contacts on the ground there right now, all of whom are seasoned OIF and OEF veterans, understand well the causal relationship between the Obama/Clinton policy failures, the rise of Islamist fascism and the resulting humanitarian crisis.

My contacts refer to the largest of the refugee sites on the Jordanian border as “Camp Obama,” and dubbed another massive site “Camp Red Line” in reference to Obama’s faux threats against Syrian tyrant Bashar al-Assad.

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Some Leftmedia outlets have hinted at the chain of evidence directly linking Obama to the crisis, but most are adopting Hillary’s “What difference does it make?” refrain. The difference is accountability.

This week, Fred Hiatt, editor of The Washington Post’s editorial page, offered an honest, accurate and scornful indictment of Obama’s policy failures in the region.

More on that in a minute, but first, how is it that babies are now washing up on beaches?

By way of quick review, in 2008, Obama campaigned successfully on “ending the war in Iraq.” Not only did he dupe a sufficient percentage of the American people, he duped the leftist Norwegian Nobel Committee into bestowing upon this completely unknown foreign policy neophyte its once-noble Nobel Peace Prize for his “extraordinary efforts to strengthen international diplomacy and cooperation between people.”

In 2011, opting for his now infamous “Obama Doctrine of appeasement” instead of capitalizing on George W. Bush’s successful “surge” strategy and establishing a status of forces agreement (SOFA) to secure our hard-won gains in Iraq and the region, Obama decided to abandon Iraq. He declared, “Everything Americans have done in Iraq — all the fighting, all the dying, the bleeding, the building and the training and the partnering — all of it has led to this moment of success. … We’re leaving behind a sovereign, stable and self-reliant Iraq.”

Not exactly.

In 2012, amid the cascading failure of his domestic economic and social policies, Obama centered his re-election campaign on his faux foreign policy successes, which were crafted around the mantras, “Four years ago, I promised to end the war in Iraq. I did,” and, “al-Qa’ida is on the run.” And again, he duped voters into re-electing him, with a little help from Hillary Clinton’s Benghazi Cover-Up.

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Predictably, Obama’s “hope and change” retreat from the region left fertile ground for the resurgence of a far more dangerous incarnation of Islamic terror that calls itself the Islamic State. IS rapidly displaced al-Qa’ida as the dominant asymmetric threat to security in the region and, thus, to our own national security.

Remember Obama’s much-touted “Arab Spring“? The sprawling Middle East meltdown is now one hard reality of his amateur ventures into foreign policy. And the resulting influx of millions of primarily Muslim refugees is not only a significant security risk, but also will put an enormous strain on Europe’s failing economy.

So, how’s that Nobel Peace Prize working out for ya?

In answer to that rhetorical question, let me offer a few insights from the aforementioned Fred Hiatt at The Washington Post.

Hiatt writes, “This may be the most surprising of President Obama’s foreign-policy legacies: not just that he presided over a humanitarian and cultural disaster of epochal proportions, but that he soothed the American people into feeling no responsibility for the tragedy. Starvation in Biafra a generation ago sparked a movement. Synagogues and churches a decade ago mobilized to relieve misery in Darfur. When the Taliban in 2001 destroyed ancient statues of Buddha at Bamiyan, the world was appalled at the lost heritage. Today the Islamic State is blowing up precious cultural monuments in Palmyra, and half of all Syrians have been displaced. More than a quarter-million have been killed.”

“Surprising”? Actually, the emergence of some tyrannical entity to fill the power void created by Obama’s retreat was entirely predictable — and predicted. Military writers since the time of Sun Tzu have understood that power does not tolerate a vacuum. In this case, the Islamic State filled the vacuum, and the consequences, visceral but still seemingly a distant shore away, are rapidly approaching the U.S. homeland.

Hiatt would have done better to write that Obama has not just presided over a disaster of epochal proportions, but that the Obama administration itself has proven to be an epic disaster, and one notable outcome is this humanitarian catastrophe.

Hiatt laments that, even given our critical national security interests in the region, America has ignored the crisis. “Obama — who ran for president on the promise of restoring the United States’ moral stature — has constantly reassured Americans that doing nothing is the smart and moral policy. … Perversely, the worse Syria became, the more justified the president seemed for staying aloof.”

But Hiatt fails short of connecting the dots between Obama’s 2012 campaign promises and the abandonment of Iraq and Syria. He does admit, however, “When Obama pulled all U.S. troops out of Iraq, critics worried there would be instability.”

That is wholly understated.

So what is Obama doing now?

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I have received two Obama “Demo Dump” emails this week. The first was entitled, “What We’re Doing for the Next Few Days.” No mention of refugees, but a lot of first class flights and accommodations around the nation at taxpayer expense.

The second was entitled, “Lessons We Should Learn from the Iraq War.” No, it made no mention of refugees or the connection between their plight and Obama’s failed policies.

Instead, it was a promo piece for the Iran deal: “What have you learned from the Iraq war? Some, it is clear, have learned disturbingly little. … This deal with Iran … represents a higher form of renewed American leadership. … Our generation has charted a new course for the future. Embracing tough, principled diplomacy as a first resort is the best way forward for our nation and the world.”

“Tough, principled diplomacy”? Remember all those “tough UN Resolutions,” including the final unanimous Resolution 1441 prior to the invasion of Iraq, offering Saddam Hussein “a final opportunity to comply with its disarmament obligations”? That opportunity had previously been offered in Resolution 660, Resolution 661, Resolution 678, Resolution 686, Resolution 687, Resolution 688, Resolution 707, Resolution 715, Resolution 986 and Resolution 1284.

Now ask yourself, “How many times has Iran defied such ‘tough diplomacy’?”

Apparently Obama has “learned disturbingly little” from his policy of appeasement. He advanced a faux dichotomy, deal or war, when strengthening sanctions already in place was, and remains, the most obvious solution.

But now that the Senate Democrats have blocked opposition to Obama’s “treaty” with Iran, he is endeavoring to pivot his defining legacy from humanitarian disaster to what he insists is a “great deal” preventing Iran nukes.

Make no mistake: The epic humanitarian crisis resulting from Obama’s failed Mid-East policies will prove minor by comparison to the catastrophic potential of Obama’s “Iran Nuke Deal.” Of course, he is leaving the resolution of those consequences to the Israeli Defense Forces.

And on a final note: In all fairness, Obama alone should not bear the whole burden of babies washing up on beaches. That responsibility is equally shared by all those sycophantic “useful idiots” who voted for Obama in 2008 and 2012.

In the words of Noah Webster, “[I]f the citizens neglect their duty and place unprincipled men in office, the government will soon be corrupted…” Indeed, when that government is the sole global superpower, by extension the entire world will soon be corrupted.

Pro Deo et Constitutione — Libertas aut Mors
Semper Vigilans Fortis Paratus et Fidelis

Conspiracy Brews 6.14.14

ConspiracyBrews

If you like your coffee and your politics flavorful, served with a heaping dose of civility by a diverse group of interesting people from all parts of the political spectrum then you should be joining us every Saturday. Started in 2007 over coffee and lively conversation by a group of concerned friends and neighbors, ‘Conspiracy Brews’ is committed to finding solutions to some of our State’s toughest problems. Our zest for constructive political discourse is only equaled by our belief that the only way forward is to exchange our views in a relaxed and friendly setting.   For additional information or to be added to our e-mail list contact:  ConspiracyBrews@aol.com.

Conspiracy Brews  

“Be civil to all; sociable to many; familiar with few; friend to one; enemy to none.”

Benjamin Franklin

Benjamin Franklin 1767

Benjamin Franklin 1767 (Photo credit: Wikipedia)

 

Not your average political discussion group!

June 14, 2014

9:00 AM – 12:00 PM
at
Southwest Secondary Learning Center

10301 Candelaria Rd NE
(northwest corner of Candelaria and Morris)

We think that government should be open and honest at all times.
People from all political parties are welcome.

 *** Quotes of the Week***

“It is curious that physical courage should be so common in the world and moral courage so rare.”

Mark Twain

Mark Twain

Cover of Mark Twain

“Man passes away; generations are but shadows; there is nothing stable but truth.”

Josiah Quincy, Jr.

 

English: Portrait of Josiah Quincy, Jr., (1744...

English: Portrait of Josiah Quincy, Jr., (1744-1775), “The Patriot,” painted posthumously by Gilbert Stuart (Photo credit: Wikipedia)

 

Suggested Topics

 

— Do you still think the left favors the President?

http://dailycaller.com/2014/06/04/chomsky-obama-determined-to-demolish-the-foundations-of-our-civil-liberties/

 

 

 

— What is Conspiracy Brews and what direction should it head?

 

 

— How weak is the US Legislative Branch or what are Michelle Lujan-Grisham’s accomplishment?

 

(Light Quotes of the week)

“I just need enough to tide me over until I need more.”

Bill Hoest

Bill Hoest self-portrait

Bill Hoest self-portrait (Photo credit: Wikipedia)

“Your life story would not make a good book.   Don’t even try.”

Fran Lebowitz

 

English: Fran Lebowitz at the Vanity Fair part...

English: Fran Lebowitz at the Vanity Fair party celebrating the 10th anniversary of the Tribeca Film Festival. (Photo credit: Wikipedia)

“The United States is a nation of laws:   badly written and randomly enforced.”

Frank Zappa

Frank Zappa

Cover of Frank Zappa

——-

Conspiracy Brews 6.7.14

14

If you like your coffee and your politics flavorful, served with a heaping dose of civility by a diverse group of interesting people from all parts of the political spectrum then you should be joining us every Saturday. Started in 2007 over coffee and lively conversation by a group of concerned friends and neighbors, ‘Conspiracy Brews’ is committed to finding solutions to some of our State’s toughest problems. Our zest for constructive political discourse is only equaled by our belief that the only way forward is to exchange our views in a relaxed and friendly setting.   For additional information or to be added to our e-mail list contact:  ConspiracyBrews@aol.com.

Conspiracy Brews  


“Be civil to all; sociable to many; familiar with few; friend to one; enemy to none.”

Benjamin Franklin

Benjamin Franklin 1767

Benjamin Franklin 1767 (Photo credit: Wikipedia)

Not your average political discussion group!

June 07, 2014

9:00 AM – 12:00 PM
at
Southwest Secondary Learning Center
10301 Candelaria Rd NE
(northwest corner of Candelaria and Morris)

We think that government should be open and honest at all times.
People from all political parties are welcome.

 ***Quotes of the Week***

People are all over the world telling their one dramatic story and how their life has turned into getting over this one event.   Now their lives are more about the past than their future.”

Chuck Palahnuik

“Guard against the postures of pretended patriotism.”

George Washington (Farewell Address)

Broadside of George Washington's Farewell Addr...

Broadside of George Washington’s Farewell Address Part 1 (Photo credit: Wikipedia)

 

“The right of altering the government was a natural right, and not a right of government.”

Thomas Paine (Rights of Man I)

English: Engraving of Edmond-Charles Genêt (so...

English: Engraving of Edmond-Charles Genêt (sometimes written as “Edmond Charles Genest”). (Photo credit: Wikipedia)

 

 

Suggested Topics

 

What does the election portend for the fall?

 

 

— How has the Mayor’s administration handled the protests?

 

 

— How weak is the US Legislative Branch?

 

 

(Light Quotes of the week)

“I feel so miserable without you; it’s almost like having you here.”

Stephen Bishop

Stephen Bishop

Cover of Stephen Bishop

“He is a self-made man and worships his creator.”

John Bright

English: John Bright statue - vertical upwards...

English: John Bright statue – vertical upwards view. By Albert Bruce-Joy, 1891. In Albert Square, Manchester, UK. (Photo credit: Wikipedia)

 

“Why do you sit there looking like an envelope without any address on it?”

Mark Twain

Mark Twain

Mark Twain (Photo credit: Wikipedia)


——-

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Wishin’

WishboneKerry2WebCR-5_7_14

Visit: TerrellAfterMath

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Sandia Tea Party To Host Municipal Candidates Forum

The following invitation is to be sent to all municipal candidates from the East Mountains and Estancia Valley areas.  We are posting this to alert citizens about the event and to have this serve as Sandia Tea Party’s invitation for citizens to attend.  We will place updates as we go forward, but for now, please mark the date and times on your calendar.  As soon as all candidates have accepted or declined the invitation,  we will post the agenda for the event along with a map showing the location for the event.

CandidateTeaPartyMuniElec.+

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NM Healthcare Exchange (NMHIX) Workshop In Edgewood 12/10/13

I received the following through my email account with the Town of Edgewood.  This information and the presentation on next Tuesday deals with the New Mexico Healthcare Exchange (NMHIX) and hopefully will help you understand what is supposed to be offered through NMHIX and what association , if any, NMHIX will have with ObamaCare or the “Affordable Care Act.”

NMHIX is conducting this workshop in Edgewood and other locations within New Mexico

Please see additional information following the letter from Ms Laine.

From: Lindsay Laine <lindsay@nmgreenchamber.com>
Date: December 3, 2013 at 12:48:49 MST
To: undisclosed-recipients:;
Subject: Edgewood/Moriarty NMHIX Meeting

Good afternoon!

I hope this email finds you well. Through the New Mexico Green Chamber of Commerce and the NMHIX, we are hosting an informational session on the New Mexico health insurance exchange at the Edgewood Convention Center next Tuesday, December 10th from 6:00pm-7:30pm. We ask that you please share the attached flyer with your mailing lists and other interested constituents. This event is free and open to the public.
Please let me know if you have any questions. We appreciate your time and efforts.
Kind Regards,

Lindsay Laine Statewide Project Coordinator

Office: (505) 244-3700
NM Green Chamber of Commerce
More information follows:
page-0

What Rating For Your Congress Critters?

Wonder no more as far as their following what the US Constitution would have them do. The New American has finished the work for you and all you have to do is access their information.

Only one of our (New Mexico’s) critters scored above 50. Click on the link below to read and weep and see how you like all of congress now:

Ratings For Congress Critters

You will find much more to gag from if you plink around the site.  New Mexico just can’t win for losing, but there is some solace in knowing there are state legislators representing other states scoring lower than our “Banana Republic.”

079 Capitol Hill United States Congress 1993

079 Capitol Hill United States Congress 1993 (Photo credit: David Holt London)