Since McCarthy took over the EPA the agency has been flexing its regulatory muscle, collecting more fines and hitting individuals with penalties for violating environmental rules.
The rule allows the EPA to decide whether a debtor gets a chance to present a defense and then picks whomever it chooses to serve as a hearing officer, even someone not trained as an administrative law judge.
It also puts the burden of proof on the debtor, not the EPA, he said.
The EPA has been pushing Mr. Obama’s climate change agenda, including issuing rules that would require coal-fired power plants to cut carbon dioxide emissions by 30 percent over 15 years.
Critics say it will cause massive increases in the cost of electricity, lead to power shortages and eliminate jobs, while making scant impact on the amount of greenhouse gasses emitted worldwide.