SCOTUS Decision to Review EPA’s Authority to Regulate Carbon Dioxide is a Victory

by | Nov 2, 2021 |

Print Friendly, PDF & Email

On Friday, the Supreme Court of the United States (SCOTUS) agreed to hear cases that challenge the Environmental Protection Agency’s (EPA) authority to regulate carbon dioxide (CO2) from fossil fuel-powered power plants. The lawsuits that led to this decision were filed by Republican-controlled states and a West Virginia coal company who sensibly argued in favor of placing limits on EPA’s authority to regulate. At issue is a legal technicality known as “non-delegation doctrine,” something the Cornell Law School describes as the “principle in administrative law that Congress cannot delegate its legislative powers to other entities.”

West Virginia Attorney General Patrick Morrisey, who signed the legal petition, tweeted that the court’s decision to hear the case was the: 

“Biggest Supreme Court news since our win in Feb of 2016. We must not allow Biden’s EPA to impose unlawful climate regs on our nation.”

Hopefully, the court will use this as an opportunity to rule broadly against Congress, delegating such important decisions to agencies such as the EPA. Then Congress would have to pass new laws authorizing the EPA to regulate CO2, something that would be unlikely to pass, given the current make-up of the Congress. 

But it is not just legal technicalities that should block the EPA from regulating CO2 emissions under the Clean Air Act. It is also that the original “endangerment finding” applied by the EPA against CO2 is wholly unjustified—this benign gas is anything but pollution and, contrary to the Biden administration’s claims, cannot cause dangerous climate change.

With the help of our friend David Pristash, an expert in all things CO2, we outline why this is the case. 

Note 1: All the work we do here is based on published data from NOAA and NASA without alteration.

Note 2: In working with heat energy, we must use degrees Kelvin not Celsius or Fahrenheit. The scientific/engineering reasons for this are beyond the scope of this article.

Pristash provided us with two important graphs and a page from a blockbuster scientific publication that throws President Biden’s “climate emergency” narrative out the window. The graphs are based on the following logic:

CO2 was first measured scientifically starting in 1958. Temperatures had been measured back to 1850 but were not converted into a so-called “global” temperature until after World War II. So, what was done was to start in 1958 and set that year as the base for both CO2 levels and global temperature. Then each month from that point, a percent increase is calculated for both (with the temperature change calculation being based on changes in degrees Kelvin), and that way, we are comparing the changes on an equal basis. Therefore, if CO2 is the cause of temperature changes, we would see an obvious significant trend with CO2 going up first and temperature following that.  

The first Chart, Chart 8a below, shows the result of that logic with the percentage changes in equal ranges of the axis for both CO2 and temperature. You can see that CO2 has gone up almost 35% since 1958, while it is hard to see any change at all in the “temperature of the planet.” The CO2 rise has a seasonal sawtooth pattern as the plants pull a lot of CO2 out of the atmosphere in the summer. Then the concentration of the gas goes up in the winter from the dormant plants and trees and the increased heating from burning fossil-based fuels. There has been no change in the trajectory of the CO2 curve since this method was first calculated in 2007.

Following these two charts is additional information.


The next chart, Chart 8, below, presents the same data except that the scale for the temperature axis has been expanded ten-fold. For CO2, the left axis is still from 95% to 150%. But, for temperature, the range is now 99.5% to 105%, one-tenth of the CO2 value. The increase in temperature is under 0.4% compared to CO2 at 35%. Clearly, there must be reasons other than increasing CO2 for the recent modest temperature rise of our planet.


What follows next is a page from a complicated scientific paper written by W. A. van Wijngaarden and W. Happer published on June 8, 2020, titled Dependence of Earth’s Thermal Radiation on Five Most Abundant Greenhouse Gases. This 38-page work has very significant ramifications to the validity of the Biden administration’s climate change narrative.


The blue line in the above graph is an indication of the radiation from the Sun before any absorption by greenhouse gases (GHG) occurs. The green line shows absorption from GHGs other than CO2. The black line shows the absorption from all GHGs, including as a result of the current level of CO2. The red line shows the impact of a doubling of the current level of CO2, with all other GHGs remaining at today’s concentration. As can be clearly seen, the black and red lines are virtually identical, indicating no significant additional change to temperature from CO2 rise is possible. 

The bottom line to this scientific study is that there is NO DANGER to additional CO2 in the earth’s atmosphere. Any warming that might be caused by CO2 has, for the most part, already been accounted for. Page 13 from that report shown above, clearly shows that the Sun’s radiation absorption bands for CO2 are now saturated, and there will be no additional effect.

This next picture is a graph of the levels of CO2 and temperature going back 590 million years. It demonstrates that the estimated range in temperatures of earth is from 12 degrees C to 22 degrees C, with the mean of 17 degrees C. Clearly, we are at the low-end today at 15 degrees C as we are still warming from the last glacial period, which ended over 10,000 years ago.


We are actually approaching the middle of a cooling period caused by the current reduced output from the Sun (22-year cycle), which started almost 20 years ago. This cold period will run for probably 15 or more years before we get any more warming in the current 1,000-year cycle that will end in the middle of the 22nd century. At that point, we will get progressively colder for around 500 years. But keep in mind that because all these cycles are not fixed, there is a lot of variability to the time frames.

Last week’s SCOTUS decision was a “huge deal—and a big surprise,” said Jeff Holmstead, EPA air administrator during the George W. Bush administration who now works at the energy lobbying firm Bracewell. What an amazing Christmas present it would be for Americans who are struggling to afford today’s inflated electricity prices if the court did require Congress to pass new laws allowing EPA to regulate carbon dioxide. Then, in leading the charge to defeat such legislation, Republicans can tell the world the truth – THERE IS NO NEED FOR THE EPA, OR ANY AGENCY ANYWHERE, TO REGULATE CARBON DIOXIDE, THE GAS OF LIFE!


Dr. Jay Lehr is a Senior Policy Analyst with the International Climate Science Coalition and former Science Director of The Heartland Institute. He is an internationally renowned scientist, author, and speaker who has testified before Congress on dozens of occasions on environmental issues and consulted with nearly every agency of the national government and many foreign countries. After graduating from Princeton University at the age of 20 with a degree in Geological Engineering, he received the nation’s first Ph.D. in Groundwater Hydrology from the University of Arizona. He later became executive director of the National Association of Groundwater Scientists and Engineers.

Tom Harris is Executive Director of the Ottawa, Canada-based International Climate Science Coalition, and a policy advisor to The Heartland Institute. He has 40 years experience as a mechanical engineer/project manager, science and technology communications professional, technical trainer, and S&T advisor to a former Opposition Senior Environment Critic in Canada’s Parliament.

Use the code ‘OUTLOUD’ and save 15%
Notify of
Inline Feedbacks
View all comments

Disclaimer: The information contained in this website is for educational, general information, and entertainment purposes only and is never intended to constitute medical or legal advice or to replace the personalized care of a primary care practitioner or legal expert.

While we endeavor to keep this information up to date and correct, the information provided by America Out Loud, its website(s), and any properties (including its radio shows and podcasts) makes no representations, or warranties of any kind, expressed, or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to its website(s) or the information, products, services or related graphics and images contained on the website(s) for any purpose.

The opinions expressed on the website(s), and the opinions expressed on the radio shows and podcasts, are the opinions of the show hosts and do not necessarily represent the opinions, beliefs, or policies of anyone or any entity we may endorse. Any reliance you place on such information is therefore strictly at your own risk.

At no time, nor in any event, will we be liable for any loss, or damage, including without limitation, indirect or consequential loss of data or profits arising out of, in an association of, or connection with the use of this website.

Through this website, users can link to other websites that may be listed. Those websites are not under the control of America Out Loud or its brands. We have no control over the nature, content, or availability of those sites. America Out Loud has no control over what the sites do with the information they collect. The inclusion of any links does not necessarily imply a recommendation, nor does it endorse the views expressed with or by them.

Every effort is made to keep the website up and running smoothly. However, America Out Loud takes no responsibility for, nor are we, and will not be liable for being temporarily unavailable due to technical difficulties beyond our control. America Out Loud does not sell, trade, nor market email addresses or other personal data.

Beyond the Fireworks & Bar-B-Ques… America’s Military Vets Take Note

Beyond the Fireworks & Bar-B-Ques… America’s Military Vets Take Note

No matter how much money and covert influence our enemies try to pump into America, there are millions of American veterans who once took an oath to protect and defend America that has no expiration date. You can push them so far, and eventually, you’ll reach the point where they push back. They’ve remained quietly on the sidelines, for now, observing and taking note of…

America Returns to the Days of King George

America Returns to the Days of King George

It seems the American people have not learned from their history. Rather we have reverted to a state of servitude similar to the colonies in 1776. I wonder if, when those 56 men pledged their lives, fortunes, and sacred honor in support of the Declaration of Independence, they ever conceived that not only would the American people return to a life of dependence, but that we would do so willingly…

The Most Patriotic and Accomplished President in Modern Times

The Most Patriotic and Accomplished President in Modern Times

The only president who – despite the most maligning, deceitful, and aggressive media against him 24/7/365 x 5 years – delivered what he promised the American people if elected. The least unemployed Americans in over 50 years. Made America’s energy, oil, and gas independent of oil cartels for the first time ever. In fact, he made the USA a premier exporter, helping make the price of petrol…

War, Intelligence, Energy and Elections – a Discussion with Senator Bob Kasten

War, Intelligence, Energy and Elections – a Discussion with Senator Bob Kasten

The Other Side of the Story with Dr. Jay Lehr and Tom Harris – Should we stand up to Putin even if it means nuclear war? What is the proper role of NATO in Ukraine and the rest of Europe? Who will the Democrats select to be their 2024 presidential candidate? Who really pulls the strings in the Biden administration?  Former senator and congressman Robert Kasten, Jr., an aid to both Reagan and Trump…

How to Bring Washington DC Back Under Control

How to Bring Washington DC Back Under Control

As more and more people are vetting their candidates for state offices based on how they fulfill their oath of office, our states will not only change, but can regain the fortitude to stand up to Washington, D.C. As more and more states restore themselves to their position as parties to the compact that is the Constitution of the United States, Washington, D.C. will…

FDA and CDC Approve Vaccines for Kids 6 Months and Q & A 28 on America Out Loud PULSE

FDA and CDC Approve Vaccines for Kids 6 Months and Q & A 28 on America Out Loud PULSE

America Out Loud PULSE with Dr. Peter McCullough and Malcolm Out Loud – The outrage regarding the FDA and CDC approving and promoting the vaccines to our youngest is being heard from coast to coast. As one listener questions… “I hope Dr. McCullough covers the terrible FDA approval (and maybe soon school mandate) of the vax for kids. It’s pure corruption and evil. This is where I draw the line.”

Florida’s Gov Ron DeSantis & Lawmakers Bring 145 New Laws Into Effect July 1

Florida’s Gov Ron DeSantis & Lawmakers Bring 145 New Laws Into Effect July 1

It’s been noted that throughout the governorship of Ron DeSantis during the health crisis of COVID-19, thousands of Americans have relocated from all across the nation to reside in Florida because of the conservative God and Country values that DeSantis stands for. The Florida governor signed 269 bills in the year 2022, 11 of those measures were vetoed and 145 are new laws taking effect…

Why Roe v. Wade Will NOT Impact the Election

Why Roe v. Wade Will NOT Impact the Election

The media is trying very hard to turn the upcoming midterm elections into a referendum on abortion…A large segment of the left is once again losing its mind and proving to independent voters what independent voters were already figuring out – that the political left is led by a radicalized group of thugs who want to burn down our nation and make us live under an ultra-authoritarian communist tyranny…

America Out Loud 6 years

Celebrating 6 incredible years fighting to restore liberty and justice to our beloved America.

Your Source for Free Speech, Talk Radio, Podcasts, and News.


Here we take on the challenges of our generation so that we can preserve future generations. Please consider making a contribution in the fight for liberty!


The APPS are free; the mission is priceless!

Free APP

Podcast Networks

Apple Podcasts
Google Podcasts

Subscribe and Listen on Your Favorite APP

Our Columnists and Show Hosts

Truth For Health

Apple Podcasts

COVID Solution Summit

Apple Podcasts

Evacuating Americans & fully-vetted Afghan's at Risk - Help Us!

Apple Podcasts

Empowering and mentoring conservative trailblazers from Generation Z to win!

Apple Podcasts

Turning Point Action is Recruiting Precinct Chairs - Become a Grassroots Warrior Today!

Apple Podcasts

Please join us to protect the Supreme Court:
Sign the Petition!

Apple Podcasts

The LATINO USA EXIT from the Democrat Party, click for details...

Apple Podcasts

Fighting corporate censorship and ensuring voter integrity...

Apple Podcasts

Support wounded and fallen police officers. The Wounded Blue.

Wounded Blue
Share via
Copy link