The Worst Thing about EPA s Gambling Addiction... - By Mario Loyola - The Corner - National Revie. A pril 16 Issue Follow Us Eve rywhe re.

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4/5/12 The Worst Thing about EPA s Gambling Addiction... - By Mario Loyola - The Corner - National Revie Ge t FREE NR O Ne wsle tte rs Your E-Mail Here!

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But if you get into a legal poker game with it, you stand to lose your shirt, even if you win.

The dubious legality of many of those rules and orders is obvious from the start, and EPA knows it s going to wind up in court.

My story up on the homepage today, about EPA s groundless persecution of one Texas company, will make more than a few readers blood boil.

What s really perverse is that the EPA does have to pay the winner s costs but only in citizens lawsuits to force it to regulate or take some action against someone else.

1 4/5/12 The Worst Thing about EPA s Gambling Addiction... - By Mario Loyola - The Corner - National Revie Ge t FREE NR O Ne wsle tte rs Your Here! Log In R e giste r Go A pril 16 Issue Follow Us Eve rywhe re Subscribe to NR R e ne w Home The C orner The Agenda Larry Kudlow David C alling N R / D igital Subs c ribe: N R C ampaign Spot Exchequer The Home Front Phi Beta C ons Subs c ribe: N R / D igital Berlau: A Breather from Regulations Planet Gore Right Field Bench Memos UK G ive: N R / D igital The Feed Between the C overs N R Renewals & C hanges Floyd: A Thousand Cuts Media Blog Radio Derb Shop! Keune: Save the Sand-Dune Lizard? D onate C ritical C ondition Tweet Tracker M edia Kit C ontac t Bryce: It s Not All of the Above After All New on NRO... The Corner Search NRO NR O Article s The one and only. About This Blog Archive RSS Article R SS Author Dire ctory Send Print Text The Worst Thing about EPA s Gambling Addiction... By Mario Loyola Comments 16 April 4, :15 P.M.... is that it only gambles with other people s money. But if you get into a legal poker game with it, you stand to lose your shirt, even if you win. Right now EPA is facing hundreds of lawsuits from private citizens and state governments because of countless rulemakings and orders that barely skirt the edges of legality. The dubious legality of many of those rules and orders is obvious from the start, and EPA knows it s going to wind up in court. But it doesn t care because it doesn t have anything to lose and will advance its agenda win or lose. My story up on the homepage today, about EPA s groundless persecution of one Texas company, will make more than a few readers blood boil. One reader commenting suggested that EPA should have to pay the other side s costs when it loses. What s really perverse is that the EPA does have to pay the winner s costs but only in citizens lawsuits to force it to regulate or take some action against someone else. Those suits are brought almost exclusively by environmentalists and environmental groups, and usually result in consent decrees. EPA routinely colludes with environmental groups to engineer citizens lawsuits and then settle as a way to skirt formal rulemaking. In other words, if I want to use EPA against someone else, EPA will pay my legal expenses. But when I have to defend myself from EPA, I have to pay my own. The worst part of all this is that EPA never has to worry about litigation risk the danger that you may wind up getting sued or having to sue, with all the risks and costs that entails, win or lose. The Department of Justice defends EPA in all the lawsuits it gets itself into. It doesn t have to pay any penalty when it wastes taxpayers money defending orders and rules of dubious legality, and pays no penalty when it loses those 1/7

defending orders and rules of dubious legality, and pays no penalty when it loses those suits.

Big companies can afford to wait this out, small companies far less so, and private parties not at all.

property without anything like what the typical American would consider due process of law. The Obama administration has demonstrated that EPA s arbitrary powers must be curtailed.

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2 defending orders and rules of dubious legality, and pays no penalty when it loses those suits. Meanwhile, for private parties, penalties for noncompliance with EPA orders can run to the tens of thousands of dollars per day, and can include criminal sanctions. Big companies can afford to wait this out, small companies far less so, and private parties not at all. Congress should hold hearings on EPA s increasingly aggressive use of arbitrary emergency and interim compliance orders against private citizens, who are clearly being deprived of liberty and property without anything like what the typical American would consider due process of law. The Obama administration has demonstrated that EPA s arbitrary powers must be curtailed. Mario Loyola is director of the Center for Tenth Amendment Studies at the Texas Public Policy Foundation. Subscribe to NATIONAL REVIEW Print Digital ios Android Recommend 16 0 New on The Corner... Advertisement Costa: Talkin' Politics Comments (0) Roy: Obamacare's Partisan History Comments (1) Bayefsky: U.N.-Sponsored Meeting Equates Israelis with Nazis: Palestinian Minister Accuses Comments Israeli (3) Leaders of Advocating 'Extermination Camps' LOG IN TO POST A COMMENT COMMENTS 16 EXPAND National Review Online 2012 All Rights Reserved. Subscriptions NR / Print NR / Digital Gift Subscriptions NR / Print NR / Digital NR Apps iphone/ipad Android NRO Apps iphone Support Us Donate Media Kit Contact Ads by Google Walden University Online Find the Degree to Help You Get the Career You Want. Apply Now! Waldenu.edu Prudential Can Help Together, let's tackle our biggest financial challenges. Learn more. Prudential.com/bringyourchallenges 2/7

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