Supreme Court Rules EPA Must Obey the Law

It should be obvious that the EPA must obey the law.  However, the EPA and every other regulatory agency has long adopted the principle that they can exercise whatever flights of fantasy they wish in interpreting the laws passed by Congress that the agency has been empowered to enforce.   The EPA has declared that carbon dioxide is a pollutant under the Clean Air Act and claimed that that gave it the power to control its emissions from power plants. Carbon dioxide was certainly not considered a pollutant when the Clean Air Act was passed into law.  It was declared a pollutant by the EPA under the Obama administration under the claim that it caused catastrophic man-made global warming.  That declaration of carbon dioxide as a pollutant had particularly threatening effects upon existing coal-fired power plants.  The Supreme Court put a temporary hold on the Obama EPA rules for carbon dioxide emissions from power plants.  In 2017, the Trump EPA changed those rules to make them more lenient, but the U.S. Court of Appeals for the District of Columbia decided the Trump EPA rules were invalid.  This caused West Virginia and 18 other states to appeal that ruling to the Supreme Court.

If carbon dioxide actually did cause catastrophic man-made global warming, that would still not actually make it a pollutant and it would not really have been addressed by the Clean Air Act.  The EPA is required to provide scientific studies proving that an emitted gas is a pollutant.  The EPA cited no actual science proving that carbon dioxide caused catastrophic man-made global warming.  It did point at the UN IPCC reports, but those reports are only political documents fulfilling the desires of the governments of the world.  They are not scientific analyses, though they mascaraed as such.  The Summary for Policymakers for each report is written by the political representatives of the governments and any failures of the more detailed "science" sections of the report to support the political Summary for Policymakers are corrected as required.  There have been many re-writes of the science sections to make them more supportive of the political ends of the governments.  Nonetheless, the unwarranted assumptions and the holes in the scientific argument for catastrophic man-made global warming are apparent to any careful reader of the "science" sections of the UN IPCC reports.  Over the years, many of the scientists who wrote the original science sections stopped participating in the writing of the IPCC reports because they were furious about how the science sections were rewritten either by the scientists on the take or by purely political hacks.

In a 6 - 3 ruling, written by Chief Justice Roberts, the Supreme Court said that it was implausible that the Congress would have given the EPA the power to control carbon dioxide emissions of power plants without saying so clearly and explicitly in the Clean Air Act.  He also said that such controls have such a strong effect upon our energy service that such a power requires that Congress address it in law explicitly if those controls are entrusted to a government agency.  Indeed, the implication was that any agency making decisions with great magnitude and consequence must have been given that power very explicitly by our elected representatives.

This ruling is of huge importance for American energy infrastructure and the cost and reliability of power for Americans.  It will likely also result in a welcome reduction of regulatory overreach so common for most of our government regulatory agencies.  It will force Congress to make laws addressing many issues for which they might rather not take responsibility.  The rate of new rulings of government agencies far surpass the rate of new laws produced by Congress.  This court ruling will serve as a brake on the rapid growth of government micromanagement of most all aspects of our lives.

I propose we make 30 June a national holiday called Freedom from Regulation Day.

Connecticut and Other States with Unhappy Residents and Population Loss

Russell Blair wrote an article for the Hartford Courant about the residents' views about living in Connecticut that makes it clear that the high tax and Democrat-controlled state is poorly governed. 

The Connecticut Economic Resource Center surveyed state residents and found that 47% of them said they plan to leave the state within the next five years!  It also revealed that only 44% agreed that Connecticut was a good place to live and raise a family.

A Gallup poll in 2016 had found that 46% of Connecticut residents said they would like to leave the state given the opportunity.  At that time, the state was tied with the high-tax state of New Jersey in that statistic as the state with the most residents desirous of exodus.

The U.S. Census Bureau believes the state lost 1,215 residents in the year following 1 July 2017.  It was one of 9 states with a population loss in that one-year period.  The other population losers were New York, Illinois, West Virginia, Louisiana, Hawaii, Mississippi, Alaska, and Wyoming.  Puerto Rico was another loser.  Note that this period was one of general excellent economic growth in the United States.

A state report from May 2017 says that Connecticut residents have been leaving the state in accelerating numbers since the Great Recession.  A poll in October 2017 noted that the percentage of people with incomes above $150,000 a year considering a move to another state was much higher than the that from the population as a whole.

Connecticut has recovered only 80.8% of the jobs lost in the Great Recession, making it one of a very few states which has not recovered all of the jobs lost.

West Virginia and Wyoming lost many jobs thanks to the anti-coal policies of the Obama administration.  The refusal to allow oil and gas developments on federally owned lands made it impossible for many new jobs in that industry to be developed in Wyoming and Alaska.  The Obama policies suppressing the construction of pipelines hurt both West Virginia and Wyoming as potential oil and gas producers.  Wyoming and Alaska are hurt by excessive federal land ownership.  Anti-mining rulings by the federal government have prevented much mining activity in Alaska.

The status of freedom in the states is another big factor in economic growth of a state and in the general happiness of state residents.  The Cato Institute Ranking of Freedom in the States ranks Connecticut #33, New York #50, Illinois #35, New Jersey #47, West Virginia #34, Louisiana #30, Mississippi #40, Wyoming #38, Alaska #15, and Hawaii #49.  Only the Alaska rating suggests that a lack of freedom in the state and local governments in that state is not a factor in its loss of population.

Another factor that hurts a state in population retention and growth is the quality of K-12 education adjusted for student hetergeneity and expenditures adjusted for the cost of living, which people have not been able to look-up until recently, but they do sense it.  A Cato Institute Policy Analysis of 13 November 2018 by Liebowitz and Kelly has provided such an analysis recently, though it is little known.  In their ranking of the 50 states and DC, Connecticut ranks 38.

Consider the other recent population losers and their rankings in the Cato Institute K-12 education analysis:  New York ranks 46, Illinois ranks 40, West Virginia is 51, Louisiana is 47, Hawaii is 11, Mississippi is 25, Alaska is 48, and Wyoming is 37.  An expensive and poor job of educating children in a state will have a strong job suppression effect and make a state a poor place for a family to raise children.  Of the states losing population, only Hawaii is doing a good job of educating children. Mississippi is very average, but it has a bad reputation as a result of irrational ratings with widespread use such as the U.S. News & World Report rating.  When a state does a poor and inefficient job of educating children, it is likely to do a poor and inefficient job of all other aspects of governance.

The lesson for Connecticut and the other population losers is that poor governance has a very significant effect on people in pursuit of their happiness.  High taxes, poor education for children, excessive and abusive business regulation, the general state of freedom, and high rates of violence and theft are very effective in creating an unhappy populace.

Labor Union Membership, Right to Work, and Education

Labor unions have been having a tough time competing in the private sector for a long time and now are even shrinking as a percentage of government workers.  In 2015, union workers were 11.1% of the work force.  This fell to 10.7% in 2016 with a loss of 240,000 union members.  Only 6.4% of private sector workers are now union members.  The mainstay of the unions is in the government sector with 29.6% of state government employees being union members and 40.3% of local government employees being members.  The local government union membership is much inflated by the many teachers who pretend to manage 25 or 30 people in the classroom, but are really blue-collar workers unable to negotiate their own work compensation as individuals.  The high percentage of government workers in unions has more recently been falling so that the percentages above are 15-year lows.

Within the last year, West Virginia and Kentucky have become Right to Work states, increasing the number of Right to Work states to 27.  There is a good chance that Missouri will soon become a Right to Work state.  In the 2016 election, a Republican who championed Right to Work hard won the governorship in Missouri despite the unions supplying the Democrat who opposed Right to Work with more than $10 million of campaign funds and other support.  Missouri voters returned every one of the state legislators to office who supported Right to Work.  Missouri, like other states with forced union dues collection, has been losing jobs to states with Right to Work laws.  The bordering states of Iowa, Nebraska, Kansas, Oklahoma, Arkansas, Tennessee, and Kentucky all have Right to Work laws.  Only the basket case state of Illinois still maintains forced unionization on its borders.

You would not know it based on the recent campaign rhetoric, but manufacturing jobs increased by 236,000 in 2016.  Despite that overall growth in manufacturing jobs, union membership decreased by 74,000.  The growth in manufacturing jobs has been in Right to Work states.  In 2016, union membership in the 25 states that were Right to Work states for the full year decreased by 290,000, falling from 7.1% to 6.5%.  Membership in forced unionization states increased by 50,000, making it clear how dependent labor unions are on forced unionization.  Union membership increased in only one-quarter of the states with Right to Work laws, while increasing in 60% of those with forced unionization.  The percentage of Michigan workers in labor unions has fallen by 2.2% since Michigan became a Right to Work state in 2013.  Government worker unions lost their privileged powers in Wisconsin in 2011 and since then union membership has fallen by 136,000 workers or by 40%!

The loss of union power over the school systems in Wisconsin since 2011 and the freeing of school systems to pay teachers on their individual merit, is improving education in those school systems that have moved to the individual merit evaluation and compensation of teachers.  A Stanford University researcher, Barbara Biasi, has found that the school systems that have chosen to stick with union-favored seniority compensation programs rather than individual merit programs are falling behind the individual merit school systems.  Governor Scott Walker's Act 10 collective bargaining reform has allowed the thinking school systems to improve.  Who would think that evaluating and rewarding individual teaching ability would improve education?  Clearly the Democrats who claimed this would undermine the government-run school system would not allow this possibility.  How surprising it is that there is a correlation between being a capable teacher and classroom manager and being capable of negotiating your own working conditions and compensation!