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Sunday, February 21, 2010

Challenging the EPA

The EPA isn't getting a free ride on its decision to regulate CO2. We reported earlier that Utah, Texas and Virginia had challenged the ruling. Now another big player, non-government this time, has waded into the fray:

The world’s largest private sector coal business, the Peabody Energy Company (PEC) has filed a mammoth 240-page “Petition for Reconsideration,” a full-blown legal challenge against the U.S. Environmental Protection Agency.

The petition must be answered and covers the entire body of leaked emails from ‘Climategate’ as well as those other ‘gate’ revelations including the frauds allegedly perpetrated under such sub-headings as ‘Himalayan Glaciers,’ ‘African Agricultural Production,’ ‘Amazon Rain Forests,’ ‘Melting Mountain Ice,’ ‘Netherlands Below Sea Level’ as well as those much-publicized abuses of the peer-review literature and so called ‘gray literature.’ These powerful litigants also draw attention to the proven criminal conduct by climate scientists in refusing to honor Freedom of Information law (FOIA) requests.

Peabody is, in effect, challenging the right of the current U.S. federal government to introduce cap and trade regulations by the ‘back door.’

Update: There's more.
Industry groups, conservative think tanks, lawmakers and three states filed 16 court challenges to U.S. EPA's "endangerment" finding for greenhouse gases before yesterday's deadline, setting the stage for a legal battle over federal climate policies.
Update 2: John O'Sullivan offers general legal strategies for challenging what is fast being recognised as the greatest criminal fraud of all time.
Common law tells us that governments cannot impose climate regulations on their citizens by regarding similar facts differently on different occasions. This principle is known among legal practitioners as stare decisis (i.e. judges are obliged to obey the set-up precedents established by prior decisions). I’ve examined two of the recently filed climate skeptic petitions filed by U.S. corporations. In both there is the common argument that ‘arbitrary and capricious’ governmental climate-related decisions have been imposed upon the people. These EPA regulations, they argue, must be over turned because the science that underpins them has been proven to be fraudulent and significantly based on subjective elements. Thus, the basis of the EPA’s decision to determine that carbon dioxide is a pollutant is unlawful due to the ‘arbitrary and capricious’ components within the EPA’s fact finding process.

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