AUSTIN – Kathleen Hartnett White, Distinguished Senior Fellow-in-Residence and Director of the Armstrong Center for Energy and the Environment at the Texas Public Policy Foundation, issued this statement on the U.S. Supreme Court’s granting of review to a challenge of the Environmental Protection Agency’s restrictions on greenhouse gases from stationary sources:

“The Supreme Court’s decision to review EPA’s regulation of greenhouse gases from stationary sources offers an opportunity for a critical reassertion of the rule of law under the U.S. Constitution.

“In the rule under review, EPA has arrogated to itself Congress’ power to re-write the black-letter terms of the Clean Air Act. Congress has repeatedly declined to pass a law giving EPA the power to mandate reduction of carbon dioxide – an ubiquitous result of natural processes and human activity. The Clean Air Act set limits on EPA’s power.  Under EPA’s greenhouse gas regulations, the agency has asserted virtually limitless power over American economic life.”


Kathleen Hartnett White is a Distinguished Senior Fellow-in-Residence and the Director for the Armstrong Center for Energy & the Environment.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin.


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