While the Obama Administration and Congressional Democrats know that passing so-called environmental legislation will be a tough sell to the American people, the White House is bypassing the legislative process by using the Environmental Protection Agency.
In a landmark decision in 2007, the U.S. Supreme Court ruled that the EPA possessed the legal authority to regulate so-called greenhouse gases.
As a result of the court bestowing such power on that agency -- and the likelihood that Cap and Trade and similar legislation will not reach President Obama's desk for signing -- EPA officials have declared carbon dioxide and other gases to be a threat to the environment and to the health of Americans. They are currently formulating regulations to restrict emissions from automobiles and trucks, power plants and other sources.
For example, last January, the EPA proposed a rule to lower the primary National Ambient Air Quality Standard (NAAQS) for ozone from the current standard of 75 parts per billion (ppb) to a level between 60 and 70 ppb. Under the Clean Air Act, areas that do not meet the new standard would then be considered “non-attainment” (NA).
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