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Policy-makers are probably the worst offenders when it comes to using and abusing mathematical modeling and numerical analysis, the subject of my latest book, Painting By Numbers: How to Sharpen Your BS Detector and Smoke Out the Experts. When it comes to the administration’s rollback of the global climate change regulations and specifically the Clean Power Plan, however, one number which really matters is 3. That’s the number of times the Supreme Court has ruled in favor of the Environmental Protection Agency’s authority to regulate carbon dioxide under the Clean Air Act Amendments.

This means that the Administration cannot just end the Clean Power Plan, central to the EPA’s carbon regulation strategy, but must come up with an alternative regulatory framework. The EPA concluded, and the Supreme Court upheld, an endangerment finding for carbon pollutants, and therefore the agency is legally required to regulate carbon emissions.

Ironically, this is similar to the repeal, replace, repair problem with the Affordable Care Act. You can’t just “repeal” EPA’s carbon regulations, and it will be difficult to replace them. So, repair is probably going to be the sensible option. 

Nothing is easy when it comes to federal regulations and that’s the way the framers of our Constitution intended. 

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