Regulation without representation: Court strikes down biofuel reg

Oh, darn, the EPA overreached again:

An Environmental Protection Agency rule mandating refiners generate or purchase advanced biofuels was overturned by a federal appeals court in Washington, after producers failed to make any commercial supplies last year....

“Apart from their role as captive consumers, the refiners are in no position to ensure, or even contribute to, growth in the cellulosic biofuel industry,” the court said in a 14-page ruling. According to the court, the EPA rule tells producers, “Do a good job, cellulosic fuel producers. If you fail, we’ll fine your customers.”

The administrative state, which is essentially accountable only to life-tenure judges, is a profoundly undemocratic institution at the heart of our federal government. Every new regulation should face an up or down vote in the Congress before it becomes effective. Indeed, if Congress spend all its time debating such regulations, that would be a more effective use of its time than its typical shenanigans.