The United States of EPA-from the Wall Street Journal

The EPA heaved its weight against another industry this month, issuing a regulation to sharply increase fuel economy. Under this new rule, America's fleet of passenger cars and light trucks will have to meet an average of 54.5 miles per gallon by 2025, a doubling of today's average of about 27 mpg. By the EPA's estimate the rule will cost $157 billion, meaning the real number is vastly greater.

The fuel-economy rule is classic Obama EPA. Until this Administration, fuel standards were the remit of Congress, via its Corporate Average Fuel Economy (CAFE) program. In 2007, the legislative branch raised those standards with a bill requiring the U.S. fleet to hit 35 miles per gallon by 2020, a 40% increase. The industry is struggling to keep pace with those steep requirements.

-Wall Street Journal editorial

Apparently, Congress is so busy not making decisions about the Budget that the legislative branch no longer has time to notice its powers are slipping away. Whether one agrees or disagrees with EPA's action, shouldn't Congress have a say?

There are now only 2 ways to curb EPA's own appetite for power--court challenge or Congress reasserting its prerogatives by overruling the agency. Since the Administration still controls a major part of the automobile manufacturing in this country, however, don't count on that industry to make the challenge. The challenge is likely to come, if at all, if as and when there is a change of power in DC after next year's election.

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