Horse_03The Supreme Court ruled on June 20, 2011 that the power to regulate greenhouse gas emissions (primarily carbon) rests with the US Environmental Protection Agency (EPA), saying that the EPA is better equipped to deal with the science of greenhouse gases (aka global warming, climate change and CO2).  The Clean Air Act has been expanded and the EPA is in a power grab for jurisdiction over vehicle emissions and is now planning control over utilities.

EPA enforcement over utilities will cause the following problems:

•  Skyrocketing heating (oil & gas) and electricity bills (click here to see Obama admit this)
•  Job killing restrictions on energy production
•  Blackouts caused by unreliable “green” energy (wind & solar)
•  Import of energy causing dependency on other countries
•  Increase in dangerous and expensive nuclear energy
•  Energy regulations dictated by UN Agenda 21 Sustainable Development
•  Cap-and-trade schemes and carbon credits will apply to ALL items that are produced, so there will be higher prices for EVERYTHING!

The key issues in EPA regulation of greenhouse gases are:

1.  The EPA lacks Constitutional authority to regulate harmless carbon dioxide.

2.  The global warming theory is wrong and based in corrupt science.

3.  The UN directs global warming policies.


In order to understand this issue, one must comprehend Agenda 21, which is the action plan for the UN’s Sustainable Development program- the blueprint for depopulation and total control. 

Global warming phony science is generated out of the UK’s Hadley Center in East Anglia, that houses the UN Intergovernmental Panel on Climate Change (IPCC).  This is also the seat of the ‘Climategate’ scandal that thoroughly discredited their carbon lies and flawed science.

Bill-ClintonAgenda 21 Sustainable Development has infiltrated every level of government.  Federal Policy is directly affected; President Clinton created the President’s Council on Sustainable Development (PCSD) in 1993 and includes every federal agency, which states:

“The Council should not debate the science of global warming, but should instead focus on the implementation of national and local greenhouse gas reduction policies and activities, and adaptations in the U.S. economy and society that maximize environmental and social benefits, minimize economic impacts, and are consistent with U.S. international agreements.”

As you can see, science ant truth are immaterial, the objective is to implement these destructive laws.


Connecticut v American Electric Power: Five states including Connecticut, Iowa, New York, Rhode Island and Vermont (New Jersey and Wisconsin dropped out) and several land trusts sued five major coal producing utilities in 2004.  The land trusts include the Open Spaces Institute- a George Soros operation and the Audubon Society, a United Nations accredited non-governmental organization that is preoccupied with depopulation.  The plaintiffs were the aggressors in this case trying to get the courts to force businesses to adopt UN policies.

If states can regulate and have the power of enforcement, why did they sue?  Because they were trying to force their globalist ideas for control beyond their state lines.  

Obama appeared to contradict himself by throwing his support behind the electric companies in this case, however, his motivation appears to be consolidating power under Executive control through the EPA, as opposed to the Judicial branch in individual court cases.

ALL of the states who participated in this lawsuit are signatories to treasonous international UN inspired treaties.


ClimategateFictionUFSCOLORMassachusetts v EPA: Twelve states including California, Connecticut, Illinois, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington, in addition to numerous UN accredited non-governmental organizations sued the EPA to regulate vehicle emissions.

The Supreme Court ruled that under the Clean Air Act, the EPA had the authority to regulate vehicle emissions that contribute to air pollution that “may reasonably be anticipated to endanger public health or welfare”.  The Supreme Court evaded any opinion or direction on the “dangers” of CO2 as a pollutant.

The EPA later issued its ‘Endangerment Finding’ which says that greenhouse gases (primarily CO2) threatens public health and welfare, thereby giving themselves the power to regulate harmless CO2.

The EPA’s scientific sources (federal agencies) follow and endorse the corrupt UN IPCC global warming data.

ALL of the states who participated in this lawsuit are signatories to treasonous international UN inspired treaties.


arnold-nichols-1Many of the “states” who participated in these lawsuits were actually the governors and their executive agencies acting on behalf of their own agenda, instead of representing the will of the People of the state.

The scandalous California Air Resources Board (CARB), an agency of the State’s EPA, is the leader in forcing the UN Kyoto Treaty on Americans. 

California is the most populous state with the most vehicles; when California wanted tighter emissions standards, they petitioned the EPA to regulate under the Clean Air Act.  Because California had to ask permission from the EPA, this means that they don’t have the authority.  The regulations affect vehicle design and manufacturing on a national level.

CARB is vulnerable to lawsuits for the following reasons:

•  CARB is unconstitutionally implementing the Kyoto Treaty in substance.

•  CARB appears to be perpetrating fraud on the People.

•  CARB is a private corporation that made a contract with the EPA, another private corporation, and is setting public policy without the consent of the People who will be subjected to the illegal contract.



The proper role of government is to PROTECT the lives, liberty and property of the People.  No more and no less.


Congress introduced a bill to limit the powers of the EPA, but this is a moot point because Obama would veto it.  The proper course of action is to de-fund the EPA, as Congress has the power of the purse (don’t hold your breath on this one).


The EPA’s ‘Endangerment Finding’ is the linchpin for the overreach; if CO2 is shown to be harmless, then the EPA will find it extraordinarily difficult to enact regulations.

Texas and 14 other states are currently suing the EPA for its endangerment finding, saying that the EPA has violated the Clean Air Act by failing to define and measure ‘endangerment’.  This is a good and necessary first step, but federal courts often rule in favor of the federal government.

The EPA is reliant on “cooperative federalism” which is when the federal government bribes state and local governments with federal taxpayer money or threatens to withhold federal taxpayer money in order to implement federal policies.  The federal government employs cooperative federalism because they don’t have the authority and means to implement their policies.


gadcigarette-caseThe Tenth Amendment is the answer to many of today’s problems.  It reads:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”

Congress has been usurping States’ power through the abuse of the Commerce Clause for far too long- it is high time to put an end to federal overreach- especially with regard to air!  The States can ignore the federal government when it acts against the Constitution; with enough People supporting the States in this action, the federal government loses power.

In order for states to fully restore their power, leaders must be educated about Agenda 21 and the Tenth Amendment.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.