January 26, 2025

How To Rescind The Endangerment Finding In A Way That Will Stick

January 26, 2025/ Francis Menton

As discussed in my previous post, one of President Trump’s first-day Executive Orders — the one entitled “Unleashing American Energy” — directed a reconsideration of EPA’s so-called “Endangerment Finding” (EF) of 2009. The EF is the EPA regulatory action where it claimed to determine that CO2 and other “greenhouse gases” qualify as “pollutants” under the Clean Air Act because they are a “danger to public health and welfare.” President Trump’s January 20 EO directs that EPA, within 30 days, submit “recommendations to the Director of OMB on the legality and continuing applicability of the Administrator’s findings.”
Since the EF is the foundation underlying all the Biden-era regulations restricting and suppressing fossil fuels, you can be sure that any attempt to eliminate it will be met with a full-bore litigation attack from the forces of the crazy left.
Can the EF really be rescinded in a way that will stand up to these attacks?
Absolutely, it can.

January 22, 2025

The Endangerment Finding: It Looks Like Trump 2.0 Will Be Much More Fun Than Trump 1.0

January 22, 2025/ Francis Menton

The first couple of days of the new Trump administration have seen the President sign a blizzard of Executive Orders. These provide more material than a humble solo blogger like myself can ever comment on comprehensively.
So I’ll just have to start with one particular item that I am deeply familiar with: the EPA’s so-called Endangerment Finding of December 2009.
I have seen differing counts of the number of Trump’s first-day EOs. ABC News here counts 42.
One of the most consequential has the title “Unleashing American Energy.” There is a large amount of important material in this EO. In overall summary, it directs the reversal of all of the Biden administration efforts to restrict and suppress the production and development of America’s energy resources.
But one provision, I would argue, is important above all the rest. That is Section 6(f), which directs a reconsideration of the so-called Endangerment Finding (EF) of December 2009.

December 04, 2024

December 04, 2024/ Francis Menton

Today has been a good day for the incipient unraveling of a couple of major categories of the fake “consensus” orthodox science that have plagued us for the past few years.
One such category is transgenderism, where activists seek the provision of “gender affirming care” to any young person claiming to suffer from “gender dysphoria.” This morning the Supreme Court heard oral argument in a case called United States v. Skrmetti, where the Court is asked to rule that Tennessee’s ban on puberty blockers and hormone therapy for teens claiming to be “transgender” violates their constitutional rights.
A second such category is the Coronavirus pandemic, including its origins and what policies were appropriate to address it. On that subject, also today, the House Select Subcommittee on the Coronavirus Pandemic issued its rather damning Report titled “The Lessons Learned and a Path Forward.”

November 24, 2024

November 24, 2024/ Francis Menton

Just when you think that things might be about to turn around with regard to the explosion of unbelievably stupid laws and regulations to harass and annoy the people, along comes another one that’s stupid enough to top them all.
This one has sprung up seemingly out of nowhere in the past few weeks, in notices that have gone out among the New York co-op and condo communities. But the law’s application is far broader than just these communities. I suspect that many readers have received such notices in many diverse contexts.
The law in question is a federal statute called the Corporate Transparency Act.

November 21, 2024

November 21, 2024/ Francis Menton

Over the past two weeks, President-elect Trump has engaged in rapid-fire announcements of his picks for the cabinet and other top positions.
Among the announced selections are Trump’s nominees for the three top positions in climate and energy policy: EPA Administrator (Lee Zeldin), Secretary of Energy (Chris Wright), and Secretary of the Interior (Doug Burgum). In this post I will take a first look at these nominees.
Without doubt, these three Trump appointees will be an enormous improvement over the Biden administration functionaries they will replace (EPA Administrator Michael Regan, Energy Secretary Jennifer Granholm, and Interior Secretary Deb Haaland). The three outgoing Bidenauts are all committed fanatic climate warriors, fighting every day to restrict development and use of hydrocarbon fuels, and thus to make America weaker and Americans poorer. Having them in office has been like having the country’s energy policy under the control of a cabal of its worst enemies.
But is there anything about President-elect Trump’s nominees for these positions that we should be at least somewhat concerned about?

September 03, 2024

September 03, 2024/ Francis Menton

What is Kamala Harris’s position on any important policy issue? It’s not so easy to figure out.
She studiously avoids interviews and reporters’ questions. Go to Harris’s official campaign website, and it’s almost entirely about raising money, without a word about what she stands for.
Back when she was in the Senate (January 2017-January 2021), and a candidate for the Democratic nomination for President in 2019-20, she made many definitive statements on various subjects (all in accord with the radical left wing of the Democratic Party). Now, it’s silence. Unidentified campaign spokespeople imply that her previous positions are no longer operative; but what is the new position?
One example of this phenomenon that has received some attention this past week is Harris’s position on “fracking,” that is, drilling for oil and gas in solid rock formations via the hydraulic fracturing process.
As reported in Forbes on August 30, back in 2019, at a CNN town hall, Harris stated rather unequivocally, “[T]here’s no question I’m in favor of banning fracking.”