Supreme Court puts Obama’s “climate saving” power plant regulations on hold

February 10, 2016

This is great news on several fronts, but especially for supporters of limited government and regulatory restraint (such as me), who’ve often viewed the EPA as an arrogant, tyrannical, and arguably unconstitutional agency.

Watts Up With That?

From the skeptics and common sense win one department…

Tanner Creek Power Station in Lawrenceburg, IN - closed in 2015 by new EPA regulations. Photo by A. Watts Tanner’s Creek Power Station in Lawrenceburg, IN – closed in 2015 by new EPA regulations. Photo by A. Watts

A divided Supreme Court on Tuesday abruptly halted President Obama’s controversial new power plant regulations, dealing a blow to the administration’s sweeping plan to address global warming.

In a 5-4 decision, the court halted enforcement of the plan until after legal challenges are resolved.

The surprising move is a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations “an unprecedented power grab.”

By temporarily freezing the rule the high court’s order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.

The court’s four liberal justices said they would have denied the request.

The plan aims to stave off the worst predicted…

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Good Lord, the government really is planning to ban donut sprinkles!

December 30, 2014
Enemy of the State

Enemy of the State

I thought a friend was joking when he said the government was “going after” sprinkles, but then I saw an item in  this morning’s bulletin from the California Political Review that lead me to Warner Todd Huston’s post at Publius Forum, which in turn lead me to this jaw-dropper from Mike Flynn at Breitbart from before Christmas:

Early next year, the FDA is expected to finalize a new regulation intended to eradicate even trace amounts of partially hydrogenated oils, known as trans fats, from our diets.

Although the amount of trans fats Americans consume has declined significantly in recent years, the FDA’s quest to completely eliminate a particular type of trans fat threatens to eliminate the noble “sprinkle,” used to decorate holiday treats and donuts. Even a small amount of joy is suspect in the FDA’s brave, new, food-monitored world.

In recent years, research has determined that consuming large amounts of trans fats is harmful to the heart. Trans fats have been in the American diet since the 1950s, but recent awareness of its health risks have pushed food companies and restaurants to minimize its use. Today, Americans consume just 1.3 grams of trans fats a day, around 0.6% of total caloric intake. No research has shown this level of consumption to pose any risk.

Flynn goes on to point out the irony in the situation: the very organization that now pushes for a total trans-fat ban, the Center for Science in the Public Interest (CSPI), in the 1980s and 1990s was urging restaurants and food manufacturers to switch to trans-fats, because they were “healthier.” Oops.

And now we’re supposed to trust them and the FDA on this.

The argument over trans-fats aside, this is another example of the eternal desire of the Nanny State to regulate and control everything in our lives — for our own good, of course. You’re not capable of making your own decisions over your own affairs –what foods to eat, what kind of lighting to use, &c.– so boards of experts, that progressive ideal, have to make them for you.

There’s another imperative behind this and other examples of nanny-statism: the built-in, always-on need of all regulatory agencies to ensure there is a reason for their continued existence and for increasing their budgets. No problem is ever truly solved; there is always some new rule to issue, some standard to tighten, even if there is no real problem that needs fixing. But the regulators need their enemy: To admit they’ve accomplished their goals would mean they don’t need more money, maybe not as many staff. It might even leave them vulnerable to the unthinkable: budget cuts or —gasp!— elimination.

And, of course, there wouldn’t be new jobs for crusading nanny-staters fresh out of graduate school.

Enjoy your sprinkled donuts while you can, before Nanny takes them away.

RELATED: Nanny-statism is a feature of the Administrative State, which gives bureaucratic agencies the power to write rules that have the force of law without democratic accountability. A recent book by Philip Hamburger argues that such powers are not only unconstitutional, they are extra-constitutional, not being recognized by our foundational documents at all. Bureaucratic nonsense like the above, such as banning traditional cookies, makes me sympathetic to the idea.