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Texas fights global-warming power grab--Lone Star state won't participate in Obama's lawless policy
The Washington Times ^ | August 25, 2010 | Peggy Venable

Posted on 08/25/2010 5:05:07 PM PDT by jazusamo

The state's slogan is "Don't mess with Texas." But the federal Environmental Protection Agency (EPA) is doing just that, and at stake is whether the Obama administration can impose its global-warming agenda without a vote of Congress.

President Obama's EPA is already well down the path to regulating greenhouse gases under the Clean Air Act, something the act was not designed to do. It has a problem, however, because shoehorning greenhouse gases into that 40-year-old law would force churches, schools, warehouses, commercial kitchens and other sources to obtain costly and time-consuming permits. It would grind the economy to a halt, and the likely backlash would doom the whole scheme.

The EPA, determined to move forward anyway, is attempting to rewrite the Clean Air Act administratively via a "tailoring rule," which would reduce the number of regulated sources. The problem with that approach? It's illegal. The EPA has no authority to rewrite the law. To pull it off, the EPA needs every state with a State Implementation Plan to rewrite all of its statutory thresholds as well.

Texas Attorney General Greg Abbott and Texas Commission on Environmental Quality Chairman Bryan W. Shaw saw the tailoring rule for what it really is: a massive power grab and centralization of authority. They are fighting back, writing to the EPA:

"In order to deter challenges to your plan for centralized control of industrial development through the issuance of permits for greenhouse gases, you have called upon each state to declare its allegiance to the Environmental Protection Agency's recently enacted greenhouse gas regulations - regulations that are plainly contrary to U.S. laws. ... To encourage acquiescence with your unsupported findings you threaten to usurp state enforcement authority and to federalize the permitting program of any state that fails to pledge their fealty to the Environmental...

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Culture/Society; Extended News; Front Page News; Government; US: Texas
KEYWORDS: 10thamendment; capandtrade; carbontrade; cleanairact; climatechange; epa; globalwarming; globalwarminghoax; statesrights; texas
Texas BUMP!
1 posted on 08/25/2010 5:05:14 PM PDT by jazusamo
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To: steelyourfaith

PING!


2 posted on 08/25/2010 5:05:58 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

HANG IN THERE TEXAS


3 posted on 08/25/2010 5:14:04 PM PDT by dalebert (true hillbilly)
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To: jazusamo
Lisa Jackson and her EPA masked marauders have plans to rape and pillage America in order to lay a ‘we're fighting the ‘climate crisis’ gift’ at the feet of Mother Gaia. Texas says ‘get a life’ and others will follow. These ecofreaks must be stopped NOW!
4 posted on 08/25/2010 5:17:02 PM PDT by JPG (How much taxpayer $ did Mookie blow today?)
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To: JPG

Well said...This is yet another power grab by Lisa Jackson’s Dear Leader.


5 posted on 08/25/2010 5:21:07 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo
The EPA has no authority to rewrite the law.

Either abuse of authority or lack of jurisdiction, take your pick.

If we don't stop this train, we're all gonna get caught up in the wreck.

6 posted on 08/25/2010 5:21:39 PM PDT by MamaTexan (Americans will remain enslaved until they realize the LAW isn't whatever government says it is!)
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To: jazusamo

Good for them! Its time to just say NO!

Not just NO but Hell NO!!!

This is it. This should be our stand.
EPA and Zerocare: just refuse to listen to them.

All of us can en masse refuse to participate.


7 posted on 08/25/2010 5:36:53 PM PDT by Adder (Note to self: 11-2-10 Take out the Trash!!!)
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To: jazusamo

Some good news for the good guys.


8 posted on 08/25/2010 5:38:31 PM PDT by deadrock (Liberty is a bitch that needs to be bedded on a mattress of cadavers.)
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To: dalebert

Need to give a tip of the Steetson to Rick and Gregg for introducing nobama to Tony Llama.


9 posted on 08/25/2010 5:46:16 PM PDT by dusttoyou (Let the other side get all wee-wee'd up, Remember come November)
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To: MamaTexan

Obastard sees laws and the Constitution as something to figure a way around so he can finish his task of destroying the United States.


10 posted on 08/25/2010 6:59:53 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: jazusamo
God bless Texas, and the rest of you poor SOBs who are praying for us.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

11 posted on 08/25/2010 7:10:25 PM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: jazusamo

Libs are afraid to confront Abbott directly because he’s wheelchair-bound and he may still run for higher offices but you know behind closed doors they want to give him the Palin treatment. Go Greg!! Give ‘em hell!


12 posted on 08/25/2010 8:46:09 PM PDT by OrangeHoof (Washington, we Texans want a divorce!)
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To: jazusamo; 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; A_Tradition_Continues; ...
Not exactly 10th Amendment but close enough? Make us proud Texas and give 'em hell!

Texas tells odinga's EPA to get bent!





Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.

I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

13 posted on 08/25/2010 9:01:59 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: The Comedian

“On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring or amending its laws in order to compel the permitting of greenhouse gas emissions.”

Bless her little heart. I think we just told the EPA to go pound sand.


14 posted on 08/25/2010 9:21:05 PM PDT by rickb308 (Muslims need to check with Native Americans & ask how that whole cowboys & indians thing worked out.)
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To: jazusamo

I was just in Houston last week. We were discussing the new regulations regarding NoX emissions. The consensus was grim. When it comes to midstream natural gas production, things are going to get very expensive in order to remain compliant. Some of our stand-by and primary power generation guys pointed out that the portable power generation (used at drill sites and production plants)will no longer be allowed after Jan. 1, 2011. Oh, and offshore business is dead for now.


15 posted on 08/25/2010 9:29:43 PM PDT by optiguy (Government does not solve problems; it subsidizes them.----- Ronald Reagan)
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To: jazusamo; wardaddy

Hopefully this approach will prove successful and spread to other states!
As far as Texas goes, I’m for Perry all the way and wish him Godspeed in his efforts to thwart these power grabs by these power hungry Socialist Bastards! And stop ‘em in their tracks.


16 posted on 08/25/2010 9:46:02 PM PDT by BnBlFlag (Deo Vindice/Semper Fidelis "Ya gotta saddle up your boys; Ya gotta draw a hard line")
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To: jazusamo

Here’s a big ole Texas HELL YEAH!

ESAD, Obama!


17 posted on 08/25/2010 9:51:50 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: optiguy
...portable power generation (used at drill sites and production plants)will no longer be allowed after Jan. 1, 2011.

WTH is that all about? Are you talking about the gazillions of compressor/generators located at the remote pumping/production sites just about everywhere in the country?

Short story: I get on Google Earth from time to time to just cruise around to see what I can see. Deep in these Piney Woods of East Texas are hundreds of what appeared to be tank storage facilities of some kind; complete with small storage tanks and other equipment. I located one within a few miles of home and went to investigate. First thing I noticed was a huge generator/compressor, not much smaller than and resembling a train engine. VERY quiet BTW. Along with this was what looked like a "Christmas Tree" and about half a dozen storage tanks with a large sign warning of hydrogen sulfide gas. I had seen all I wanted to see. ;^)

18 posted on 08/25/2010 9:54:22 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

Hydrogen Disulfide is deadly, one or two wiffs and its game over


19 posted on 08/25/2010 11:40:23 PM PDT by KTM rider ( ..........tell me this really isn't happening ! !)
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To: jazusamo; 11B40; A Balrog of Morgoth; A message; ACelt; Aeronaut; AFPhys; AlexW; America_Right; ...
DOOMAGE!

Global Warming PING!

You have been pinged because of your interest in environmentalism, alarmist wackos, mainstream media doomsday hype, and other issues pertaining to global warming.

Freep-mail me to get on or off: Add me / Remove me

Please ping me to all note-worthy threads on global warming.

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20 posted on 08/26/2010 12:06:29 AM PDT by Tolerance Sucks Rocks (Michelle Obama: the woman who ended "Diners, Drive-ins and Dives.")
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To: jazusamo

Be still my heart! This makes me so happy. If Texas had mountains I’d move there. I’ve been waiting for a governor who had the guts to refuse to comply. It’s the only way to stop these evil bureaucrat bastards and the runaway regulation train. Here’s hoping other states follow the Texas example.


21 posted on 08/26/2010 3:31:57 AM PDT by athelass (Proud Mom of a Sailor & 2 Marines! Against the Hamasque. Investigate me Nancy.)
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To: jazusamo

See tag line video.

Yankee Wussies!


22 posted on 08/26/2010 4:25:34 AM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: athelass
We have mountains and an extensive Hill country region.
23 posted on 08/26/2010 4:33:26 AM PDT by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: optiguy

In order to be non compliant, the sites must be inspected.

If the federal inspector is jailed for any number of state violations, no inspection can occur and the noncompliance never exists.


24 posted on 08/26/2010 4:38:06 AM PDT by bert (K.E. N.P. N.C. +12 ..... Greetings Jacques. The revolution is coming)
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To: athelass

Texas has the Davis Mountains, the Hill Country, and the rolling hills of East Texas.

Plus every other thing you could ever want.


25 posted on 08/26/2010 5:49:55 AM PDT by nanetteclaret (Unreconstructed Catholic Texan)
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To: ForGod'sSake

Stand firm Texas, send the EPA carpetbaggers packing.


26 posted on 08/26/2010 7:05:45 AM PDT by mstar
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To: wolfcreek
"We have mountains and an extensive Hill country region. "

Not only that,
The stars at night, Are big and bright...

27 posted on 08/26/2010 7:17:24 AM PDT by GregoTX
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To: ForGod'sSake; KTM rider
It is H2S, not HS2. The rule of thumb is as long as you can smell it, you are OK. In higher concentrations, it knocks out your sense of smell and you don't know the danger you are in. There are several H2S wells in and around school campuses, like Hallettsville. Just look for the wind sock.

The transmission pipeline typically has higher pressure than that of the well so the compressor is used to "force" the gas into the truckline. The tank batteries are there to store the oil and saltwater until a truck can come by and unload it. Most fields don't have pipelines to the individual wells but instead have a central tank battery. There is really nothing to fear around a well unless you are smoking and stick your head inside the tanks to see its contents. That happened around here the other day and they found the two people about two hundred yards away. Also, kids getting electrocuted or mangled from hanging around pump jacks every year. They run on timers.

28 posted on 08/26/2010 7:40:15 AM PDT by crusty old prospector
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To: Tolerance Sucks Rocks

Thanks for the ping.


29 posted on 08/26/2010 8:25:11 AM PDT by Ernest_at_the_Beach ( Support Geert Wilders)
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To: rickb308
Bless her little heart. I think we just told the EPA to go pound sand.

I've never had a crush on a government employee before.

I feel young and light and clean and...like singing...


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

30 posted on 08/26/2010 9:13:07 AM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: wolfcreek
Yankee Wussies!

Right on, right on, right on!


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

31 posted on 08/26/2010 9:36:54 AM PDT by The Comedian (Evil can only succeed if good men don't point at it and laugh.)
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To: KTM rider
Hydrogen Disulfide is deadly, one or two wiffs and its game over.

I discovered that also after doing some Googling. The good news it that it VERY RARELY occurs in sufficient quantities to be lethal. The same "rotten egg" stuff we made in chemistry class in high school to annoy the teacher. The question I never pursued is what is this stuff doing there. H2S is a by-product of many sour oil and gas wells but I wonder why they capture the stuff instead of releasing it into the atmosphere. Outside of the smell, the effects in the quantities involved most likely would be negligible. I have to assume some nanny state regulations.

32 posted on 08/26/2010 9:57:35 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: crusty old prospector; KTM rider
I should have read on before posting my reply to KT rider. I could have killed two birds wit one shoot and saved some bits or bytes or something.

Apparently there's some confusion here on my part and maybe KT rider's re the hydrogen sulfide gas. H2S(hydrogen sulfide) is a naturally occurring gas; H2S2(hydrogen disulfide) is a stinky inorganic compound that quickly decomposes to H2S and free sulfur I suppose.

In any case, you're submitting these sites all around us may in fact be hydrogen sulfide wells. Could be. I've not looked into it any further to determine that. I just assumed this was being extracted from sour gas/oil.

I decided to do a screen grab from Google Earth of the site I checked out for grins and purposes of discussion:

Thanks for the info.

33 posted on 08/26/2010 11:00:50 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

What county is that and I can tell you whether the gas is sour or not? If they are burning a flare or have a wind sock, it is sour. They will have signs at the gate saying so as well.


34 posted on 08/26/2010 11:04:34 AM PDT by crusty old prospector
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To: crusty old prospector

Dayum you’re quick! This particular one is located in Tyler County; had no flare or wind sock. I’ve not really researched it but it’s just sortof my impression that most of the wells around here are what would be considered “sour”. The gate of course was open and the only sign of any significance I remember seeing was one identifying the operator(?) - Anadarko. BTW, these generator/compressors are HUGE! A site this small surely wouldn’t need that kind of power so it must be necessary for the pressure required to do whatever it does.


35 posted on 08/26/2010 11:19:32 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

Those are horizontal Austin Chalk wells that are producing from around 13,000’. They make sweet gas (not sour) and quite a bit of oil. The field runs all the way to the dam on Toledo Bend and is called Brookeland.


36 posted on 08/26/2010 11:24:05 AM PDT by crusty old prospector
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To: ForGod'sSake

By the way, something most people don’t know but Anadarko has a 25% working interest in BP’s well.


37 posted on 08/26/2010 11:25:22 AM PDT by crusty old prospector
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To: crusty old prospector
They make sweet gas (not sour) and quite a bit of oil.

So, what's with the hydrogen sulfide tanks? And yeah, I'd heard Anadarko was a "partner" in the blown out well. Many others too probably.

An aside; there have been a few oil and gas wells around these parts for decades but just in the last few years these newer sites have sprung up all around us. I gather at the depths you mention the cost to get at it until recently wasn't justified?

38 posted on 08/26/2010 11:36:14 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake
Those are just the tank batteries that store the oil and saltwater until a vacuum truck shows up to empty them. If there is any H2S, they will have a flare stack and will be burning it as the pipeline company won't accept the gas unless it is removed because of corrosion and safety issues.

Horizontal drilling is what has made those wells profitable. They probably cost on the order of $6,000,000. The laterals go out over a mile from the surface beginning at 13,000'.

The only other partner in the well is Mitsui, a Japanese company with 10%.

39 posted on 08/26/2010 11:45:45 AM PDT by crusty old prospector
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To: crusty old prospector
If there is any H2S, they will have a flare stack and will be burning it as the pipeline company won't accept the gas unless it is removed because of corrosion and safety issues.

Well then, it may be they have placed these warning signs around the tanks to keep folks from messing around with their stuff??? After all, who wants to be responsible for releasing "poisonous" gas, eh?

Thanks for the clinic on the horizontal drilling. Didn't know that.

40 posted on 08/26/2010 11:54:33 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

There is some H2S in that gas but probably not enough to flare it. It is dissolved in the oil and saltwater in those tanks and can become concentrated enough that if you climbed up the ladder and stuck your head in the tank (like many people do just to see some oil), it could kill you deader than a door nail. It happens all of the time, especially to teens and drunkards out looking for something to do. Could you actually smell any of the gas while on the location? If not, then it is probably not a big deal.


41 posted on 08/26/2010 12:07:08 PM PDT by crusty old prospector
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To: crusty old prospector

Sounds like there are some Darwin Award candidates around. Anywho, near as I could tell these tanks were sealed as the pic, although not the best resolution, indicates. It was a HOT July/August afternoon and we didn’t get out to look around but I opened my window to listen to the compressor/generator unit. Could BARELY hear the thing running and we couldn’t have been more than 10 - 15 feet away from it. Amazing, I says to myself! And no, no noticeable odors of any kind oddly enough — or not.


42 posted on 08/26/2010 1:22:48 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: jazusamo

God bless Texas.


43 posted on 08/26/2010 3:34:23 PM PDT by austingirl
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To: jazusamo; Defendingliberty; WL-law; Normandy; TenthAmendmentChampion; FrPR; enough_idiocy; ...
Thanx jazusamo !

 


Beam me to Planet Gore !

44 posted on 08/27/2010 5:18:11 AM PDT by steelyourfaith ("Release the Second Chakra !!!!!!!" ... Al Gore, 10/24/06)
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To: jazusamo

Go Texas!!


45 posted on 08/29/2010 7:28:27 PM PDT by PistolPaknMama
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To: jazusamo

Stated Justice O’Connor for the Court in New York v. United States, 505 US 144 (1992):

“While Congress has substantial powers to govern the Nation directly, including in areas of intimate concern to the States, the Constitution has never been understood to confer upon Congress the ability to require the States to govern according to Congress’ instructions. See Coyle v. Oklahoma, 221 U.S. 559, 565 (1911). The Court has been explicit about this distinction. “Both the States and the United States existed before the Constitution. The people, through that instrument, established a more perfect union by substituting a national government, acting, with ample power, directly upon the citizens, instead of the Confederate government, which acted with powers, greatly restricted, only upon the States.” Lane County v. Oregon, 7 Wall., at 76 (emphasis added)...”

...”In providing for a stronger central government, therefore, the Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals, not States. As we have seen, the Court has consistently respected this choice. We have always understood that even where Congress has the authority under the Constitution to pass laws requiring or prohibiting certain acts, it lacks the power directly to compel the States to require or prohibit those acts. E. g., FERC v. Mississippi, 456 U. S., at 762-766; Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U. S., at 288-289; Lane County v. Oregon, 7 Wall., at 76. The allocation of power contained in the Commerce Clause, for example, authorizes Congress to regulate interstate commerce directly; it does not authorize Congress to regulate state governments’ regulation of interstate commerce.”


46 posted on 08/31/2010 1:47:32 AM PDT by marsh2
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To: marsh2

In Printz v. United States and Mack v. United States, (June 27, 1997), Judge Scalia for the Court stated:

...”Finally, and most conclusively in the present litigation, we turn to the prior jurisprudence of this Court. Federal commandeering of state governments is such a novel phenomenon that this Court’s first experience with it did not occur until the 1970’s, when the Environmental Protection Agency promulgated regulations requiring States to prescribe auto emissions testing, monitoring and retrofit programs, and to designate preferential bus and carpool lanes. The Courts of Appeals for the Fourth and Ninth Circuits invalidated the regulations on statutory grounds in order to avoid what they perceived to be grave constitutional issues, see Maryland v. EPA, 530 F. 2d 215, 226 (CA4 1975); Brown v. EPA, 521 F. 2d 827, 838–842 (CA9 1975); and the District of Columbia Circuit invalidated the regulations on both constitutional and statutory grounds, see District of Columbia v. Train, 521 F. 2d 971, 994 (CADC 1975). After we granted certiorari to review the statutory and constitutional validity of the regulations, the Government declined even to defend them, and instead rescinded some and conceded the invalidity of those that remained, leading us to vacate the opinions below and remand for consideration of mootness. EPA v. Brown, 431 U. S. 99 (1977).

“Although we had no occasion to pass upon the subject in Brown, later opinions of ours have made clear that the Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs. In Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. 452 U. S. 264 (1981), and FERC v. Mississippi, 456 U. S. 742 (1982), we sustained statutes against constitutional challenge only after assuring ourselves that they did not require the States to enforce federal law. In Hodel we cited the lower court cases in EPA v. Brown, supra, but concluded that the Surface Mining Control and Reclamation Act did not present the problem they raised because it merely made compliance with federal standards a precondition to continued state regulation in an otherwise pre-empted field, Hodel, supra, at 288. In FERC, we construed the most troubling provisions of the Public Utility Regulatory Policies Act of 1978, to contain only the ‘command’ that state agencies ‘consider’ federal standards, and again only as a precondition to continued state regulation of an otherwise pre-empted field. 456 U. S., at 764–765. We warned that ‘this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations,’ id., at 761–762.

“When we were at last confronted squarely with a federal statute that unambiguously required the States to enact or administer a federal regulatory program, our decision should have come as no surprise. At issue in New York v. United States, 505 U. S. 144 (1992), were the so-called ‘take title’ provisions of the Low-Level Radioactive Waste Policy Amendments Act of 1985, which required States either to enact legislation providing for the disposal of radioactive waste generated within their borders, or to take title to, and possession of the waste—effectively requiring the States either to legislate pursuant to Congress’s directions, or to implement an administrative solution. Id., at 175–176. We concluded that Congress could constitutionally require the States to do neither. Id., at 176. ‘The Federal Government,’ we held, ‘may not compel the States to enact or administer a federal regulatory program.’ Id., at 188.


47 posted on 08/31/2010 1:48:22 AM PDT by marsh2
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