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Trump Could Upend Every Facet Of The Obama-Biden Climate Agenda In One Fell Swoop

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Every week in this second Donald Trump presidency is such a whirlwind of major events that it is always a challenge to pick a topic for the next contribution here at the Daily Caller News Foundation.

But, despite this having been one of the most frenzied weeks of all since Jan. 20, picking the topic for this column was easy, because no energy-related action by this administration would have a bigger impact on American society than a successful effort to reverse the Obama EPA’s 2009 endangerment finding on greenhouse gas regulation.

The Washington Post reported Wednesday that Environmental Protection Agency (EPA) Administrator Lee Zeldin “has privately urged the White House to strike down a scientific finding underpinning much of the federal government’s push to combat climate change, according to three people briefed on the matter who spoke on the condition of anonymity because they were not authorized to comment publicly.” Zeldin’s recommendation was a response to Trump’s Day 1 executive order tasking Zeldin to conduct a review of “the legality and continuing applicability of the Administrator’s findings, ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” Final Rule, 74 FR 66496 (December 15, 2009).’”

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The Obama EPA’s finding was enabled by the 2007 5-4 ruling by the Supreme Court in the Massachusetts v. EPA case allowing the agency to regulate greenhouse gases as pollutants in the context of the Clean Air Act. In that case, Justice Anthony Kennedy, who long served as the swing vote on the Court, joined with four liberal justices to give EPA this authority.

Given that the main so-called “greenhouse gases” — water vapor, methane and carbon dioxide — are all naturally occurring elements, a ruling classifying them as “pollutants” as that term was intended by the authors of the Clean Air Act in 1963 was absurd on its face, but that didn’t stop the five justices from imposing their political will on U.S. society.

Since implemented by the Obama EPA, the endangerment finding has served as the foundational basis for the vast expansion of climate change regulations impacting every nook and cranny of the U.S. economy, dramatically increasing the cost of energy for all Americans. The climate alarm hysteria over carbon dioxide, otherwise known as plant food and the basis for all life in Planet Earth, was also the motivational basis for every aspect of the Biden-era efforts to force taxpayers to bear the cost of hundreds of billions of dollars in renewable energy subsidies.

So, what has changed between 2007 and today to make Administrator Zeldin and President Trump think their attempt to reverse this endangerment finding would survive all the court challenges that would arise from the climate alarm community?

First, there is the dramatic shift in the makeup of the Supreme Court. Justice Kennedy is no longer on the court, nor are the other four justices who issued the majority decision in Massachusetts v. EPA. Where the Court was evenly divided in 2007, today’s Supreme Court is made up of a decisive 6-3 originalist majority with three justices appointed by Donald Trump himself during his first presidency.

But an even more decisive difference now stems from last year’s reversal of the Chevron Deference by the Supreme Court in the Loper Bright Enterprises v. Raimondo case. As I wrote here at the time, the Chevron Deference, established as a legal doctrine in a unanimous Supreme Court decision in 1984, required the federal judiciary to defer to the regulators’ judgments about the governing statutes whenever the statutory intent was vague and open to interpretation.

That doctrine of law led directly to the vast expansion of the regulatory state for the 40 years it was in effect. The question now becomes whether, in the absence of that doctrine, regulators at the EPA truly have the authority to regulate atmospheric plant food in the same way they regulate particulate matter and other forms of real air pollution.

A successful effort to reverse the Obama EPA endangerment finding would then put every element of the Obama/Biden climate agenda in jeopardy.

Mr. Trump likes to say he wants to bring common sense back to government. This is one big way to do exactly that.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Ted Cruz, Jim Jordan Ramp Up Pressure On Google Parent Company To Deal With ‘Censorship’

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From the Daily Caller News Foundation

By Andi Shae Napier

Republican Texas Sen. Ted Cruz and Republican Ohio Rep. Jim Jordan are turning their attention to Google over concerns that the tech giant is censoring users and infringing on Americans’ free speech rights.

Google’s parent company Alphabet, which also owns YouTube, appears to be the GOP’s next Big Tech target. Lawmakers seem to be turning their attention to Alphabet after Mark Zuckerberg’s Meta ended its controversial fact-checking program in favor of a Community Notes system similar to the one used by Elon Musk’s X.

Cruz recently informed reporters of his and fellow senators’ plans to protect free speech. 

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“Stopping online censorship is a major priority for the Commerce Committee,” Cruz said, as reported by Politico. “And we are going to utilize every point of leverage we have to protect free speech online.”

Following his meeting with Alphabet CEO Sundar Pichai last month, Cruz told the outlet, “Big Tech censorship was the single most important topic.”

Jordan, Chairman of the House Judiciary Committee, sent subpoenas to Alphabet and other tech giants such as RumbleTikTok and Apple in February regarding “compliance with foreign censorship laws, regulations, judicial orders, or other government-initiated efforts” with the intent to discover how foreign governments, or the Biden administration, have limited Americans’ access to free speech.

“Throughout the previous Congress, the Committee expressed concern over YouTube’s censorship of conservatives and political speech,” Jordan wrote in a letter to Pichai in March. “To develop effective legislation, such as the possible enactment of new statutory limits on the executive branch’s ability to work with Big Tech to restrict the circulation of content and deplatform users, the Committee must first understand how and to what extent the executive branch coerced and colluded with companies and other intermediaries to censor speech.”

Jordan subpoenaed tech CEOs in 2023 as well, including Satya Nadella of Microsoft, Tim Cook of Apple and Pichai, among others.

Despite the recent action against the tech giant, the battle stretches back to President Donald Trump’s first administration. Cruz began his investigation of Google in 2019 when he questioned Karan Bhatia, the company’s Vice President for Government Affairs & Public Policy at the time, in a Senate Judiciary Committee hearing. Cruz brought forth a presentation suggesting tech companies, including Google, were straying from free speech and leaning towards censorship.

Even during Congress’ recess, pressure on Google continues to mount as a federal court ruled Thursday that Google’s ad-tech unit violates U.S. antitrust laws and creates an illegal monopoly. This marks the second antitrust ruling against the tech giant as a different court ruled in 2024 that Google abused its dominance of the online search market.

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Daily Caller EXCLUSIVE: Trump’s Broad Ban On Risky Gain-Of-Function Research Nears Completion

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From the Daily Caller News Foundation

By Emily Kopp

President Donald Trump could sign a sweeping executive order banning gain-of-function research — research that makes viruses more dangerous in the lab — as soon as May 6, according to a source who has worked with the National Security Council on the issue.

The executive order will take a broad strokes approach, banning research amplifying the infectivity or pathogenicity of any virulent and replicable pathogen, according to the source, who requested anonymity to speak candidly about the anticipated executive action. But significant unresolved issues remain, according to the source, including whether violators will be subject to criminal penalties as bioweaponeers.

The executive order is being steered by Gerald Parker, head of the White House Office of Pandemic Preparedness and Response Policy, which has been incorporated into the NSC. Parker did not respond to requests for comment.

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In the process of drafting the executive order, Parker has frozen out the federal agencies that have for years championed gain-of-function research and staved off regulation — chiefly Anthony Fauci’s former institute, the National Institute of Allergy and Infectious Diseases at the National Institutes of Health.

The latest policy guidance on gain-of-function research, unveiled under the Biden administration in 2024, was previously expected to go into effect May 6. According to a March 25 letter cosigned by the American Society for Microbiology, the Association for Biosafety and Biosecurity International, and Council on Governmental Relations, organizations that conduct pathogen research have not received direction from the NIH on that guidance — suggesting the executive order would supersede the May 6 deadline.

The 2024 guidance altered the scope of experiments subject to more rigorous review, but charged researchers, universities and funding agencies like NIH with its implementation, which critics say disincentivizes reporting. Many scientists say that researchers and NIH should not be the primary entities conducting cost–benefit analyses of pandemic virus studies. 

Parker previously served as the head of the National Science Advisory Board for Biosecurity (NSABB), a group of outside experts that advises NIH on biosecurity matters, and in that role recommended that Congress stand up a new government agency to advise on gain-of-function research. Former Centers for Disease Control and Prevention Director Robert Redfield has also endorsed moving gain-of-function research decision making out of the NIH to an independent commission.

“Given the well documented lapses in the NIH review process, policymakers should … remove final approval of any gain-of function research grants from NIH,” Redfield said in a February op-ed.

It remains to be seen whether the executive order will articulate carveouts for gain-of-function research without risks of harm such as research on non-replicative pseudoviruses, which can be used to study viral evolution without generating pandemic viruses.

It also remains to be seen whether the executive order will define “gain-of-function research” tightly enough to stand up to legal scrutiny should a violator be charged with a crime.

Risky research on coronaviruses funded by the NIH at the Wuhan Institute of Virology through the U.S. nonprofit EcoHealth Alliance typifies the loopholes in NIH’s existing regulatory framework, some biosecurity experts say.

Documents obtained through the Freedom of Information Act in 2023 indicated that EcoHealth Alliance President Peter Daszak submitted a proposal to the Pentagon in 2018 called “DEFUSE” describing gain-of-function experiments on viruses similar to SARS-CoV-2 but downplayed to his intended funder the fact that many of the tests would occur in Wuhan, China.

Daszak and EcoHealth were both debarred from federal funding in January 2025 but have faced no criminal charges.

“I don’t know that criminal penalties are necessary. But we do need more sticks in biosafety as well as carrots,” said a biosecurity expert who requested anonymity to avoid retribution from his employer for weighing in on the expected policy. “For instance, biosafety should be a part of tenure review and whether you get funding for future work.”

Some experts say that it is likely that the COVID-19 crisis was a lab-generated pandemic, and that without major policy changes it might not be the last one.

“Gain-of-function research on potential pandemic pathogens caused the COVID-19 pandemic, killing 20 million and costing $25 trillion,” said Richard Ebright, a Rutgers University microbiologist and longtime critic of high-risk virology, to the Daily Caller News Foundation. “If not stopped, gain-of-function research on potential pandemic pathogens likely will cause future lab-generated pandemics.”

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