'Wow!': Dan Goldman Fires Back At Lauren Boebert Over Supreme Court Ruling Interpretation

3 months ago

At a House Oversight Committee hearing on Wednesday, Rep. Dan Goldman (D-NY) questioned EPA Administrator Michael Regan about the

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Transcript

00:00Mr. Goldman from New York.

00:02Wow.

00:04Mr. Regan, I don't want to spend too much time on this,

00:08but I would just like to clarify a few things

00:11for my colleague from Colorado.

00:14The Loper-Bright ruling, as you know,

00:18said that the courts should not defer to agency rulemaking

00:25if a statute is ambiguous.

00:28And instead, the courts get to determine whether or not

00:33what the statute means.

00:35Is that your understanding as well?

00:37Absolutely.

00:38OK, so that would not require any regulations

00:41to be reversed or overturned, correct?

00:44Correct.

00:47But I do want to talk about that case,

00:49because it is an incredible power grab for the judiciary.

00:56And I want to go through a couple things with you.

00:59I'm going to take as one example a recent rule

01:03that the EPA implemented and finalized

01:07in March, the greenhouse gas emission standards

01:10for heavy duty vehicles, which is,

01:14I think you've put it as a strongest national greenhouse

01:17gas standard for heavy duty vehicles in history,

01:20and one that would have a significant impact

01:23on my district, one of the most densely populated districts

01:26in the country, where there's a lot of last mile delivery

01:30facilities and operations that create a tremendous amount

01:32of greenhouse gases.

01:34Can you just very briefly, just for timing's sake,

01:38explain the process that the EPA goes through

01:43and what kind of expert analysis is used,

01:47and what kind of input is implemented

01:51to finalize a rule like this?

01:53Well, we have some of the world's best engineers

01:57and scientists to focus on these rules.

02:01And typically, especially in our Ann Arbor laboratory,

02:05our world-renowned laboratory, we

02:07invite in all of our stakeholders,

02:09all of the industry, the best manufacturers,

02:12the best engineers and scientists.

02:15And we go through simulations and really

02:18look at what would happen in the real world

02:21if we were to pursue some of these regulations.

02:23So we take our scientists, match them

02:26with the world's best scientists on the private sector side,

02:29and then we look at how we can build

02:31on the regulations that preceded the one

02:34that we're about to put in place.

02:35But we also look at a cost-benefit analysis,

02:38and we look at penetration rates.

02:39We look at the market, and we best

02:42determine how can we put the best technology on the road

02:46that keeps this country globally competitive

02:48and also reduce the pollution that we're aiming for.

02:51That is, thank you for the explanation,

02:53quite a in-depth and detailed, lengthy process

02:59involving the world's greatest experts.

03:03In that room with the world's greatest experts

03:06and the EPA experts, are there any federal judges?

03:10No.

03:11So what the Supreme Court just did, am I correct,

03:15is say that the experts should not

03:18get any deference in how they implement the rulemaking

03:22process, but that the non-experts in the judiciary

03:29are the ones who get to do that.

03:31Is that your understanding?

03:32Well, I'll be careful in commenting on this ruling,

03:35but what I can say is the experts that

03:37are in the room and myself and the CEOs that

03:40are in the room that are making these decisions,

03:43this new case seems to take that away from us

03:48and gives it to the court.

03:50Exactly.

03:52A complete power grab that was led for many years, decades,

03:57by the Koch brothers, who have spent tens of millions

04:02of dollars in trying to overturn this Chevron

04:06doctrine in order to benefit their oil and gas

04:10and other industries that harm the environment.

04:14And you know what's interesting about this case, this Loper

04:16Bright case, is that Clarence Thomas didn't recuse himself.

04:22He ruled on it.

04:24And yet Clarence Thomas took free private flights,

04:28paid for by the Koch brothers, went to their events,

04:33raised money for them.

04:34This is all documented.

04:36And then after that, in 2020, Clarence Thomas

04:40just completely reversed his view of the Chevron doctrine.

04:48Funny, convenient.

04:50And yet he's ruling on this case.

04:52And what is going to happen is that this Trump Project 2025,

04:57just like Ms. Boebert said, is going

04:59to try to eliminate all environmental regulations.

05:03Donald Trump has offered to do that for the oil and gas

05:08company if their industry leaders can provide him

05:11with $1 billion to help in his campaign.

05:14But now that he has absolute immunity,

05:16if he becomes president, he can't

05:19get charged for that obvious criminal public corruption

05:23violation.

05:25And so he's going to try to implement Project 2025,

05:29eliminate the EPA, eliminate climate change

05:33from all regulations, eliminate the experts at the EPA

05:37and other agencies and put in his political lackeys,

05:41and then get to go to Clarence Thomas

05:44to determine whether or not what the executive agencies decided

05:49makes any sense.

05:51This is the destruction of our democracy.

05:56And I yield back.

'Wow!': Dan Goldman Fires Back At Lauren Boebert Over Supreme Court Ruling Interpretation

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