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Shootout at the EPA Corral: Texas takes aim at the White House's illegal carbon rules
Wall Street Journal ^ | OCTOBER 10, 2010

Posted on 10/11/2010 5:22:26 AM PDT by reaganaut1

If Democrats take a drubbing in November, the Obama Administration is likely to turn to regulation to achieve its "transformational" agenda. Which is all the more reason to cheer on Texas as it pushes back against the EPA's illegal attempt to rewrite the nation's clean air laws.

To wit, the Lone Star State is resisting the Environmental Protection Agency's decision to regulate carbon under the clean air laws of the 1970s. These regulations will be damaging enough on their own. But the EPA and chief Lisa Jackson are also threatening to punish Texas and other green dissenters with a de facto moratorium on any major energy or construction projects. Just what the economy needs.

Under the Clear Air Act, the EPA's national office chooses priorities, but state regulators run the relevant programs and issue the necessary permits. When orders from HQ change, as with carbon over the last year, states get three years to revise their "implementation plans." But in August, Ms. Jackson decided that the law posed too long a climate wait and decreed that if these plans aren't updated by an arbitrary January 2011 deadline, her office will override the states and run the carbon permitting process itself.

Put bluntly, this coercion is illegal. As badly as Ms. Jackson has abused clean air laws to go after CO2, she can't by regulatory fiat usurp the law's statutory language about the federalist balance of power between Washington and the states. Texas filed an unusual lawsuit last week with the D.C. appeals circuit calling it an "ultra vires" act—literally, "beyond the powers"—and requesting an emergency stay of the EPA's regulations because of the imminence of irreparable harm.

No major construction project in America can go forward without EPA air quality and pollution permits

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Culture/Society; Editorial; Government; US: Texas
KEYWORDS: co2; epa; globalwarming; lisajackson; lisapjackson

1 posted on 10/11/2010 5:22:31 AM PDT by reaganaut1
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To: steelyourfaith

global warming ping


2 posted on 10/11/2010 5:23:21 AM PDT by reaganaut1
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To: reaganaut1; carolinablonde; SolitaryMan; rdl6989; livius; DollyCali; IrishCatholic; meyer; ...
Thanx reaganaut1 !

 


Beam me to Planet Gore !

3 posted on 10/11/2010 5:25:14 AM PDT by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: reaganaut1

One of so many departments of the Fed that needs desperately to be defunded, and extinct. Rife with Leftist abuse.


4 posted on 10/11/2010 5:34:28 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: reaganaut1

Keep fighting, Texas. You’re practically the last bastion of American spirit we have.


5 posted on 10/11/2010 5:35:14 AM PDT by swatbuznik
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To: reaganaut1

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.


6 posted on 10/11/2010 5:39:45 AM PDT by WAW (Which enumerated power?)
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To: reaganaut1

Through various federal agencies the communists in our goverment, elected and civil servants keep trying to turn our country into ussr, moa’s dream, hitler’s agenda and the list goes on. We must stay vigilant and sever these “public servants” from their jobs, either individually or defunding.


7 posted on 10/11/2010 5:52:05 AM PDT by tillacum
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To: reaganaut1

Control of private property for the comon good, as defined by the government, is one of the primary tenets of fascism.

The EPA is, quite simply, a vile fascist organization operating outside the bounds of Constitutional restraint. The EPA should not only be disbanded, it’s leadership needs to brought before a court of law on charges of treason. And the former heads of the EPA in the Clinton administration, need to dragged out of their homes and similarly charged.


8 posted on 10/11/2010 5:57:32 AM PDT by sergeantdave
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To: reaganaut1

Our soon to be new Congress needs to defund and disband the EPA.


9 posted on 10/11/2010 5:58:54 AM PDT by thethirddegree
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To: reaganaut1

These folks in the Administration want to be dictators.


10 posted on 10/11/2010 6:07:18 AM PDT by popdonnelly (Class warfare is Obama's thing.)
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To: reaganaut1

Read entire article here without registering:

http://www.ruthfullyyours.com/2010/10/11/the-lone-star-state-takes-aim-at-illegal-carbon-rules/


11 posted on 10/11/2010 6:22:37 AM PDT by Iron Munro (I prayed: "O Lord make my enemies ridiculous." And God granted it - He sent the Obamas.)
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To: reaganaut1
From the article: Believe it or not, West Virginia Democrat Jay Rockefeller has emerged as one of Ms. Jackson's most trenchant critics, and at a Capitol Hill coal rally in mid-September he said she "doesn't understand the sensitivities economically of what unemployment means." That's for sure, and he's sponsoring legislation to put a two-year freeze on Ms. Jackson's planning

Do not believe it. Rockefeller and a couple other Dems made up a bill to stop the EPA solely as a pre-election fig leaf. It is DOA in committee. My own Jim Webb participated in this charade, Warner sat on his butt. Not sure which is worse. doing nothing to stop the tyranny of the EPA or pretending to do something.

12 posted on 10/11/2010 6:32:45 AM PDT by palmer (Cooperating with Obama = helping him extend the depression and implement socialism.)
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To: reaganaut1
¡Viva Tejas!

I hope Texas sues the EPA into the very fires of Hell!!!

I hope we can dismantle the EPA after we win in November.

In 3 weeks we flush

13 posted on 10/11/2010 6:42:11 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: reaganaut1

Texas has a large enough economy, has the resources, and has the power, to just tell the Federal Government/EPA where to stick their regulations. If they would do that - what could the Feds really do? Declare war on Texas? Not likely.

But does Texas really have the backbone to stand up?


14 posted on 10/11/2010 6:44:16 AM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: sergeantdave

*The EPA is, quite simply, a vile fascist organization operating outside the bounds of Constitutional restraint. The EPA should not only be disbanded, it’s leadership needs to brought before a court of law on charges of treason. And the former heads of the EPA in the Clinton administration, need to dragged out of their homes and similarly charged.*

Exactly!

We should make these traitors fear for the destruction of their sham agency and charges brought up against it so badly that they quit there jobs and no one will want to fill the empty positions!


15 posted on 10/11/2010 6:44:22 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: TheBattman

*But does Texas really have the backbone to stand up?*

If they do, I hope all the other states will take the cue and tell them to shut up and back off!

We are NOT following your illegal “laws” against exhaling anymore


16 posted on 10/11/2010 6:46:06 AM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: reaganaut1; Thud
Our very petty President is pushing back. He has refused to declare 13 Texas counties FEMA disaster areas after a formal request by Gov. Perry:

"It's been about a month since Tropical Storm Hermine tore through North Texas. One of the hardest hit areas was a condominium complex in Arlington. The floodwater was so high, dozens of residents had to be rescued.

Because of this, Gov. Rick Perry asked the federal government to issue a disaster declaration for 13 Texas counties, including Tarrant and Denton. On Sunday, Perry learned that the request was denied."

and

"Tropical Storm Hermine caused eight deaths, widespread flooding leading to more than 100 high water rescues, over 100 residences were destroyed and thousands of citizens were without water and electricity."


Pres. Obama playing the "Chicago Way" in Texas is going to get local Democrats what Bonnie and Clyde got.
17 posted on 10/11/2010 7:15:48 AM PDT by Dark Wing
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To: reaganaut1

Just ignore their illegal bans, then go ahead and build anyway. If they send feds in, arrest them with Texas Rangers and, if needed, Texas National Guardsmen.


18 posted on 10/11/2010 8:47:20 AM PDT by nomad
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To: reaganaut1

The EPA needs to be totally dismantled.

They solved some basic problems.

Now they are nit-picking & finding obscure items to hammer the entire country with.

A river on fire in Ny state from illegal dumping isn’t the same as a source of irrigation for Western ranchers.


19 posted on 10/11/2010 9:31:27 AM PDT by ridesthemiles
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To: TheBattman
But does Texas really have the backbone to stand up?

What you are asking about Texas or any other state is "Do the political leaders have the backbone?" I assure you that the majority of Texans do and if the leaders don't we will replace them at first opportunity.

If Texas refuses to go along with the EPA the Federal Government will probably retaliate against the companies individually. What will or can Texas government do? They could allow them to continue to operate but the fed will probably continue to add on fines and penalties and then take it all to court. You know that sooner or later the fed will win in some liberal court. How would such a matter fare in the SCUSA? I don't know.

This would all take so long to play out it is hard to know what the mood of the country will be at the time.

20 posted on 10/11/2010 11:21:25 AM PDT by Mind-numbed Robot (Not all that needs to be done needs to be done by the government)
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To: TheBattman

“But does Texas really have the backbone to stand up?”

If Perry is governor, f*** yeah! If White is elected, not so much.

Something Texans need to think about on Election Day, as imperfect as Perry may be.


21 posted on 10/11/2010 11:25:49 AM PDT by No Truce With Kings (I can see November from my house.)
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To: sergeantdave

well said


22 posted on 12/05/2010 9:01:28 AM PST by rurgan (Make all laws have an expiration date of 3 years. too many laws is the problem)
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To: reaganaut1

That EPA lardass Lisa Jackson...Texas is going to tie her up for years with lawsuits. Jackson will be booted out with Obungo in November 2012.

Texas will prevail over Obongo commissars in DC.


23 posted on 12/05/2010 9:05:09 AM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
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