Four strikes and you're out? Not if you're the Environmental Protection Agency, egged on by President Barack Obama.
Part of Obama's shotgun-like assault on reasonable energy prices in the United States is an EPA plan referred to as the Cross-State Air Pollution Rule. If implemented, it will establish new penalties on use of coal in power plants and other industries.
The CSAPR is just part of the Obama administration's diversified war on coal. Using the EPA, Obama also has used other air pollution regulations, as well as rejection of surface mining permits and a plan to regulate coal ash as a hazardous waste.
On Tuesday, a federal appeals court in Washington, D.C., ruled the EPA exceeded its authority with the CSAPR.
As Sen. Joe Manchin pointed out, the Tuesday decision marked the fourth time in four consecutive federal court rulings that the EPA has lost cases involving its war against coal. "The EPA has been told time and time again that it is acting outside its authority," the senator pointed out. U.S. Rep. David McKinley, R-W.Va., added that, "This is the fifth time in six months a federal court has ruled against overreaching regulations set by the Obama administration and the EPA."
Obama's attempt to wreck the coal industry and thus, the economies of states including West Virginia and Ohio, has enormous ramifications. If the war on coal proceeds, it will amount to the most successful government assault in history on reasonable energy prices.
Loss of coal-fired generating capacity will mean substantially higher electric rates for tens of millions of Americans - and for many businesses that simply will not be able to compete as a result.
A reasonable observer might conclude so many court rulings that the EPA must be reined in would prompt the agency and Obama to temper their assault on coal. But this is no ordinary president. This chief executive has launched what may be the most imperial presidency in history - ignoring the courts and even the will of the people as expressed by Congress in order to pursue his agenda.
No, four strikes in a row in the courts will not send the EPA to the bench. Coach Obama will thumb his nose at the umpire and, if anything, step up his war on coal. The only way Americans sick and tired of his campaign against us can obtain relief is to pull Obama out of the game on Nov. 6.