NCPA - National Center for Policy Analysis

Strategies for States to Fight EPA Regulation

February 17, 2011

While pending regulation of greenhouse gas emissions under the Clean Air Act has received the lion's share of the attention, the Environmental Protection Agency (EPA) has also begun promulgating and will continue promulgating over the next several years a slew of overreaching and inefficient air and water rules that will dramatically increase energy costs, cause enormous negative impacts to jobs and the economy, irreparably damage the competitiveness of American business, and trample on the rights of states in the process, says the American Legislative Exchange Council (ALEC).

  • The EPA is developing and finalizing nearly 30 major regulations and more than 170 major policy rules.
  • Despite pleas from a broad cross-section of business, EPA has refused to undertake a study of the effect of its greenhouse gas regulatory initiatives on jobs, the economy and the business competitiveness.
  • It has similarly failed to conduct a study of the overall, cumulative cost of all of its regulations together.

It is not, though, simply a matter of the scope of these regulations that constitutes a train wreck.  As Kathleen Hartnett White and Mario Loyola of the Texas Public Policy Foundation note: "The new heavyhanded EPA...operates far more like an activist for whom no standard is too high, no impact too onerous, no risk too low and no science too speculative."

Given all of this EPA regulatory activity, now is an essential time for concerned state legislators to stand up, says ALEC. 

In its new report, "EPA's Regulatory Train Wreck," ALEC outlines some comprehensive and issue-specific legislative tools, including expressing strong opposition to EPA's regulation wreck via resolutions, enhanced regulatory review, and bills to assert state sovereignty.  As unemployment hovers around nine percent, it is the duty of states to weigh in against the effects of these job-crushing regulations.

Source: "EPA's Regulatory Train Wreck," American Legislative Exchange Council, 2011.


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