Court Deals Blow to EPA and Obama’s Green Energy Program

When Barack Obama ran for office in 2008, he promised to create 5 million green jobs.  One of his main programs to help create some of those green jobs was his biofuels programs.  Using the iron fist of the EPA, Obama did his best force refiners to produce cellulosic biofuels.

The standards set were completely unrealistic and unattainable.  They were purposely overestimated to avoid the possibility of underestimation.  It was a deliberate act to push the green fuel technology onto the oil industry.  However, the technology was unable to produce the mandate quantity of cellulosic biofuels, resulting in the cellulosic biofuels not being commercially available.

When the industries failed to meet the mandated regulations, the EPA iron fist hammered down hard in the way of hefty fines.  They tried to force the oil refineries to purchase over $8 million in credits for the $8.5 million worth of cellulosic biofuels that they failed to use.  However, the American Petroleum Institute, the top oil and gas lobby, is no 98 pound weakling and they hammered back at the EPA in form of a lawsuit.

Last week, a federal judge ruled the EPA exceeded their authority when they mandated that refiners had to use the cellulosic biofuels, considering the fact that they could not obtain any to use.  The judge did rule that the EPA could set certain high estimates for some production but when it came to the 2012 projection of the cellulosic biofuel, the court said:

“Here, by contrast, EPA applies the pressure to one industry (the refiners), yet it is another (the producers of cellulosic biofuel) that enjoys the requisite expertise, plant, capital and ultimate opportunity for profit.  Apart from their role as captive consumers, the refiners are in no position to ensure, or even contribute to, growth in the cellulosic biofuel industry.”

“Do a good job, cellulosic fuel producers. If you fail, we’ll fine your customers…”

“However, we agree with API that EPA’s 2012 projection of cellulosic biofuel production was in excess of the agency’s statutory authority.  We accordingly vacate that aspect of the 2012 RFS rule and remand for further proceedings consistent with this opinion.”

Bob Greco, API Group Downstream Director commented about the court’s decision, saying:

“We are glad the court has put a stop to EPA’s pattern of setting impossible mandates for a biofuel that does not even exist.  This absurd mandate acts as a stealth tax on gasoline with no environmental benefit that could have ultimately burdened consumers.”
I’m just thrilled to see a federal judge stand up to the EPA and tell them that they are not above the law nor are they the iron handed dictators of the environment.  Lately, the EPA has been following Obama’s lead by leaving the law far behind in their power hungry efforts to squash property rights of private citizens.  Hopefully more judges will start to rule on law and not by political pressure and hold the EPA in check.



Posted in Energy, Science Tagged with: , , , , , , ,
  • Shelley Crone

    Here, here! Another judge that can’t be bought. We need many, many more.

  • Mike Brandenburg

    how long do you think that judge will live, i mean have his job?

    • LeSellers

      You were right the first time. Federal judges are appointed for life, so, to get rid of him …

      Mr. O’bama, will there ever be any Jobs?

      • lostdutchman

        No, as the Constitution says “…judges serve during good behavior..” , as it is specifically worded to mean all judges in the jurisdiction of the DOJ. Any can be impeached and removed for ‘bad behavior’, whatever that entails.

        • LeSellers

          As Thomas Jefferson said, “Impeachment is a scarecrow,” meaning that it is hardly an impediment to their doing whatever they choose.

          As a matter of practical fact, a judgeship (or appointment to the Supreme Court) is for life.

          Mr. O’bama, will there ever be any Jobs?

        • lostdutchman

          As I’m sure you know, impeachment is the ‘indictment’ by the House and then goes to the Senate for trial. Impeachment alone is not much more than an embarrassment, but conviction by the Senate is first step out the door. How is losing one’s seat on the bench not an impediment to further judicial shenanigans?

        • LeSellers

          You’re right, I do know.

          However, even though he did not write the Constitution (being in France at the time), Jefferson understood it rather well, I think. His context points to the more common (albeit technically incorrect) usage of the term, as being both the indictment and the conviction.

          Besides, what it looks like he probably meant, the above notwithstanding, is that it may not be “cruel”, but it certainly is “unusual” punishment.

          Mr. O’bama, will there ever be any Jobs?

  • Give Back

    Maybe this will encourage some big corporations to stand up the government regulations and unjust central planning. The big money has lost its backbone and the consumers are starting to wise up.

    • john sr

      yes, wise up to rise up like the phoenix that this administration has not seen.

  • joelsk44039

    It’s about time that the courts intevened in the numerous cases of executive usurpation of constitutional issues.

  • LeSellers

    EPA: Economic Pulverization Agency.

    Mr. O’bama, will there ever be any Jobs?

  • gingercake5

    Now get the stupid ethanol out of my gasoline!

  • fwiw

    It’s time to disband the EPA or any bureaucracy when they become a funding mechanism for any political idea or party.

  • Mudpuppy

    One or two down, thousands of Obama’s illegal power-usurpations to go.

  • dankster

    abolish the epa,

    • Marj0120

      The House could defund them in the stroke of a pen so let’s write and call them to do so. They need to wittle their size down so that there are not so many people with nothing to do but to come up with crazy ideas to justify their jobs.

  • suz

    This is one agency that needs to go. They are a bunch of fraud and are just running companies out of the usa. They are running farmers off their land also. Obama should have been voted out but again fraud was a big factor in the elections and everyone knows it.

  • Patriot

    Good for that judge and good for us. EPA and the nggr king are destroying this country.

  • willhen50

    It seems like the government is forcing the producers of gasoline to stop refining for the millions of cars, but produce a highly expensive fuel for the thousands of cars.

  • willhen50

    Obama might have promised to create 5 million jobs in green energy, but all of his promises have been lies, all of his statements have been lies, and his oath of office has been a lie; what is worse, he has a high approval rating. GIVE ME A BREAK.

  • dntmkmecomoverther

    Take Jimmy Carter and his monstrocity called the EPA and drown them in the ocean…oh, wait, that would be pollution (throwing human waste in the water). Throw them all in jail and throw away the keys.

  • ketrout

    Good to hear that at least some courts are stepping up and holding Obama accountable. Not allowing him to just do what he wants without any actions taken against him!

  • jenniewalsh

    Thank you, God and all who are standing up for right, justice and freedom!

  • Dean Braun

    Obama won’t follow the ruling and get by with it just like he is ignorind the recess appointments at the NLRB that a court ruled were unconstitutional. The A.H. needs to be chopped down a few notches.

  • Dave Combs

    Dear People, my plan, if adopted, would sunset every independent federal agency on a given date every year. Only those deemed worthy and truly useful to the American People would survive. The legislation could incude a simple majority or 3/5ths majority continue an agency. Yes, government would be cut willy-nilly and more liberty would be the result (concept is from Levin’s, “Liberty and Tyranny.”)

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