Stop the EPA from threatening N.D. jobs

Talk about it

It is time to end the irresponsible game of chicken being played with the future of energy regulation in this country. Those in favor of sweeping new regulations on our economy to address the issue of global warming are demanding that Congress quickly pass a “cap-and-trade” bill on greenhouse gas emissions or face a battery of new mandates to be developed and imposed by the Environmental Protection Agency. This type of legislative extortion is not an appropriate strategy to pass any bill in Congress — especially a complicated and far-reaching cap-and-trade proposal that could have a dire impact on North Dakota.

Agencies like the EPA would normally be prohibited from jumping out in front of congressional action under the Constitution of the United States. However, the Supreme Court has ruled that the EPA can use a statute passed 20 years ago — the Clean Air Act — even though that law was written to address acid rain, not greenhouse gas emissions. Throughout this Congress, the cap-and-trade crowd has worked cheek to jowl with the EPA to try and pass this bill. Whenever a critical point in the legislative process has been reached, more rumblings would burst forth from the EPA regarding potential administrative action, just to make certain all were aware of what was in store if proposed legislation stalled out.

In recent weeks, this game has reached a new point. It is increasingly likely Congress will not conclude action on a cap-and-trade bill this year. It barely passed the House and appears to be going nowhere in the Senate. So now what? The possibility of the EPA forging ahead on its own is an unacceptable and disastrous prospect that may be gaining momentum with those who are unable to rush a bill through Congress. Up to this point, about the only thing those for or against cap-and-trade agreed upon was that Congress should act first with a bill specifically written for the issue of greenhouse gas emissions. Proponents recognize the Clean Air Act does not work well for this purpose. Opponents know the EPA acting alone will not give the same consideration to the sweeping economic consequences, including soaring electric bills and significant job losses, which EPA action could cause.

It is now time for Congress to make clear that new requirements in this area will be developed by the nation’s elected representatives, just as Article One of the Constitution intended. That is why I have introduced the Save Our Energy Jobs Act. This short and simple legislation clarifies that the Clean Air Act was not intended to provide regulatory authority to the EPA on the issue of greenhouse gas emissions and makes clear Congress must pass a law before the EPA can act in this area.

We are on the brink of costs, court cases, and compliance chaos if we do not act quickly. We must not put the cart in front of the horse with something as important and consequential to our nation as the cap-and-trade legislation. The stakes are just too high for North Dakota.

(Rep. Earl Pomeroy, a Democrat, is North Dakota’s only lawmaker in the U.S. House of Representatives in Washington)

Tags: environmental protection agency, opinion, editorials, epa, jobs, economy