If one were to go searching for an issue involving government as related to energy production, use, and regulation, Mountain Top coal mining is an excellent starter choice. Mountain Top Mining or ‘Strip’ Mining often stands as the chosen poster child for environmentalist agendas poised against the use of all fossil fuels producing CO2 or carbon dioxide; regardless that coal alone accounts for at least 45% of the electricity being utilized in the United States as you read. Coal also carries high concentrations of CO2 when burned to generate electrical power. Like it or not no alternative energy source(s) stands to take the place of coal in an immediate efficent and effective manner, so far. At this very moment you are also exhaling one would assume, emitting the hazardous material (HazMat) CO2.
Using worst case scenarios like Strip Mining and calling it standard scenarios is effective. Then take the adopted worst case scenario to the highest levels of government to obtain the greatest authority for change. Regardless of your position on Mountain Top Mining, the subject grabs attention and has raised relevant and irrelevant environmental and governmental issues focused on CO2 emissions. The federal government is utilizing environmental issues to expand rule, regulation, and funding for federal agencies based on CO2 emission. Federal regulations may be headed for you.
Now that the Environmental Protection Agency (EPA) has named CO2 a hazardous material, some might say anything is possible in regards to energy and environmental regulation. The average adult human emits some .25 pounds of CO2 per year, by the way. Recently, the EPA presented an excellent example of a Federal agency ignoring state’s Rights, law, and regulated industry while expanding Federal powers. The EPA is currently proposing a change in EPA ‘Rule’, not law, with far-reaching implications.
Under the Prevention of Significant Deterioration and Title V Greenhouse Gas ‘tailoring’ Rule, any operation producing more than 25,000 tons of Carbon Dioxide (CO2) per year will fall under expanded EPA regulation, effective or not. Expanded control comes with the dropping of a zero. State agencies and Federal authorities currently regulate CO2 emissions at sources producing more than 250,000 tons per year, such as power plants. A move to 25,000 tons per year is drastic, very drastic. Such action represents a 10 fold increase in the power of Federal environmental regulatory powers.
Some 100,000 new operations in all states will become ‘Violators’ under the newly proposed regulations of CO2. Thousands of operations will instantly falling under EPA ability to override state authority, by the EPA’s open admission.Massed Federal regulation of farms and small business operations in every state will be an immediate requirement under this proposed ‘tailored’ Rule. County, city, and state governments will see direct EPA intervention in stae industry and economy, ignoring state agencies and law. Sadly, the 100,000 newly federally regulated operations figure is far too low to account for all operations producing 25,000 tons of CO2 emissions. As an example of a newly made Violator arena, many farms produce 25,000 tons of CO2 per year. Many potential Violators are already doing the math to determine if their emission levels will make them federally labeled Violators to be ‘corralled’ by new EPA regulation.
Environmental groups are no slouches in promoting increased regulation of environmental Violators. Environmental agendas surpass state systems when seeking sweeping change at the expense of state regulation and law; let us not forget the citizens. In 2009, the Sierra Club, an environmental group of several sorts, announced the successful closure of at least six coal operated power plants in more than one state. Getting the plants shut down was a matter of going to court, Federal Court. Local and state governments are simply ignored. To end the life of the coal power plants, the Sierra Club utilized the organizations’ favorite path, a Federal courtroom. Citizens dependent upon the power plant were ignored and seemed to have never had a chance to level their positions.
Indeed, there exist other Federal ‘paths’ to override a State’s Right to self regulation, yet the courtroom is the chosen venue for rapid precedent setting via expanded Federal regulatory powers often designed by environmental groups. Expansion of federal power is being sought through issuance of more stringent Federal energy production and utilization regulations that openly bypass long standing State authority. Environmental organizations are seeking change through very accommodating Federal realms with many winding paths, including a path to Congress and the White House.
The Obama Administration has given the Executive Branch ‘thumbs up’ to the Federal Office of Surface Mining (OSM) proposal to over-ride State mining permitting programs as an example of total disregard for State agencies and processes long standing. Once again the Federal Government feels it has a better understanding of any State power infrastructure capabilities than the people governing their State. The Surface Mining Reclamation and Control Act covered this issue long ago by ensuring States’ manage their own regulatory programs to be as stringent as Federal law; the States have been stringent. However, without rewriting the law, the OSM and EPA intend to degrade State Rights while pursuing growth in the size of the Federal agencies and, as always, in increasing funding. This bureaucratic endeavor will lead to nothing short of higher energy costs and a weakened Union of States.
When taking the idea that any federal agency would increase powers 10 fold without process or objection is a reality State governments and citizens should fear. The massing of a centralized government strangling the free market with self appointed powers over States is a reality in progress. Look to the energy industry and environmental agenda to see the process unfold. For the world of energy, coal produced from Mountain Top Mining acted as a key spring-board for reducing State Rights. Federal agencies regularly attempt and succeed in expanding Federal powers; in this case by increasing Federal authority to control energy production and use. Increases of Federal power with deep impact to State Rights should serve as an alarm bell to uninformed citizens.
Expanding EPA controls alone increases the possibility that the federal government will come to their door with ‘tailored’ regulations for their operations, surpassing all known state, county, city, local, and other regulations. This is all despite increasingly stringent and currently state management. Clearly, the origins of a small centralized government seem to have been lost, forgotten, or ignored when energy policy and/or the environment are an issue. Now, exhale freely.
- Jason Van Orsdol