West Virginia v. EPA reminds us that America is not run by an unaccountable king in the White House and his regulatory agents, but rather by Americans’ elected representatives in partnership with the states, writes Katie Tubb. RestoringAmerica
is very good news for electricity consumers across the country, who are now protected from boundless, unaccountable meddling by the EPA in their electric bills.However, in many ways, protection from those consequences is an important but secondary issue to whether Congress had even given the EPA authority to do this.
The court rightly determined that the EPA far exceeded its role by creating an authority for itself out of thin air to regulate the electricity sector, and with it a major component of the American economy’s bedrock.That’s why people on both sides of the aisle and of opposite convictions about global warming have opposed the EPA’s attempts to regulate.
When the Obama administration first released the Clean Power Plan, Laurence Tribe — Obama’s own former Harvard law professor —At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution. …
Accordingly, EPA’s gambit would mean citizens surrendering their right to be represented by an accountable and responsive government that accords with the postulates of federalism. Tribe called it a “sleight-of-hand [that] offends democratic principles by avoiding political transparency and accountability.”reminds us of is that America is not run by an unaccountable king in the White House and his regulatory agents, but rather by Americans’ elected representatives in partnership with the states.This piece originally appeared in
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