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IPFS News Link • Climate Change

Chevron Deference

• https://www.lewrockwell.com, By James T. Moodey

However, the decision is about thirty years too late. We lost most of our manufacturing to China, because of Chevron deference.  This is how that happened:

California formed our nation's first clean-air district in the Los Angeles basin, the South Coast Air Quality Management District (SCAQMD). Smog is created by cars, trucks, and planes which are regulated by the Federal Clean Air Act and the California Air Resources Board (CARB). The new district had no jurisdiction over smog.

Our significant progress in reducing smog is not the result of CARB's taxes and regulations and not from anything the SCAQMD has done. The progress is almost entirely due to the catalytic converter which was the invention of an oil company engineer.

SCAQMD with hundreds of employees had to vilify something other than smog to justify their existence and funding. Their successful ruse was to vilify the trace molecules of nitrogen in natural gas, which are harmless, but the public did not generally know that. At the time, the district admitted publicly that carbon dioxide is harmless.

They chose to regulate factories that use clean burning natural gas. Residences burn far more natural gas than factories, but few complained when the SCAQMD wrote rules to regulate factories.

These bellwether bureaucrats began by writing rules that required annual fees to operate machinery. They wrote any rules they wanted with no oversight or approval of the legislature. They granted themselves police power to enforce the rules and commonly issued $5,000 enforcement fines.

SCAQMD had written 1,145 rules when they wrote the most destructive regulation ever written – cap and trade. It was rule 1,146, which required natural gas measurement, layered with the RECLAIM rule which added the cap-and-trade feature. It was nicknamed "cap and trade" some years later.


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