Rule Five Climate Rule Friday

Well, sometimes there’s cause for hope.

In Kentucky, a judge, one Benjamin Beaton of the U.S. District Court for the Western District of Kentucky, slapped down the Biden administration’s rule clamping down (again) on emissions from motor vehicles.

In a sweeping judgment late Monday, Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky ordered the Federal Highway Administration to stand down on the rules, which the agency finalized in November. The ruling represents a major victory for the State of Kentucky, which challenged the regulations alongside 21 other states.

“President Biden’s radical environmental agenda has lost touch with reality, and Kentucky families, farmers and workers are paying the price,” Republican state Attorney General Russell Coleman said on Tuesday. “Like all Americans, Kentuckians love our trucks, cars and vans. With this victory in court, we’re slamming the brakes on the Biden administration’s politics that make no sense in the commonwealth.”

It’s a start.  And the basis of the suit is that the Biden administration’s rule exceeds statutory authority, nothing new for this administration.

Kentucky filed the lawsuit in December, one month after the FHWA finalized the regulations. According to the lawsuit, the FHWA overstepped its legal authority in attempting to regulate vehicle emissions since it attempted to force states to implement federal regulations.

Beaton agreed in his ruling, declaring that the regulations exceed the FHWA’s statutory authority and are “arbitrary and capricious.” Instead of granting plaintiff states’ motion for preliminary injunction – which would have blocked the rule during litigation – he granted their motion for summary judgment, vacating the rule immediately.

OK, that’s great, and it’s a step in the right direction; the Biden(‘s handlers) administration has been ignoring any statutory limitations since, well, the day they took office.  But there’s a bigger issue: What about the constitutional issues?  Why is nobody talking about those?

Here.  Show me anywhere in there where the federal government is authorized to pass laws or make regulations governing the emissions of privately owned vehicles.  Go ahead, have a look; I’ll wait right here.

Back already?  OK.  You didn’t find it, did you? That’s because it’s not there.  Now, square that lack with the 10th Amendment:

Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Why is nobody bringing this up?  Why is nobody – well, almost nobody, since obviously here I am talking about it – talking about this callous disregard for the Constitution, which is supposed to be the highest law in the land?  We can amend it, but we cannot ignore it – and yet the federal government has been ignoring it since at least 1860.

This ruling is a good start.  But at some point, it has to come back to the Constitution.