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EPA, Texas go to war over carbon-emission rules (What can a state do if it loses in court?)
Hotair ^ | 12/26/2010 | Ed Morrisey

Posted on 12/27/2010 12:41:21 PM PST by SeekAndFind

And so it begins, and on the most fertile red-state territory in the nation. Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions. Governor Rick Perry promises a fight:

The federal Environmental Protection Agency on Thursday effectively declared Texas unfit to regulate its owngreenhouse gas emissions and took over carbon dioxide permitting of any new or expanding industrial facilities starting Jan. 2.

The EPA also set up a framework for regulating greenhouse gas emissions in seven other states: Arizona, Arkansas, Florida, Idaho, Kansas, Oregon and Wyoming. In addition, the agency set a timetable on establishing regulated levels of greenhouse gas emissions.

The action will give the EPA permitting authority over refineries, power plants and cement facilities in Texas, the agency said, but will not affect small pollution source facilities, such as restaurants and farms.

Well, perhaps not directly, but the increase in energy prices and shortages created by the EPA imposition of what will essentially be carbon taxes will impact businesses throughout the Texas economy, as well as consumers who ultimately pay the costs of the regulatory regime. Rick Perry has signaled a court fight to stop the EPA and the Obama administration:

Texas is the only state that has refused to implement the new rules. President Barack Obama is pressing ahead with the regulations after Congress failed to pass legislation capping carbon emissions. Perry, a Republican, calls the rules overreaching by the federal government that will cripple his state’s economy.

“The EPA’s misguided plan paints a huge target on the backs of Texas agriculture and energy producers by implementing unnecessary, burdensome mandates on our state’s energy sector, threatening hundreds of thousands of Texas jobs and imposing increased living costs on Texas families,” Katherine Cesinger, a Perry spokeswoman, said in an e-mailed statement.

The timing is certainly interesting. The EPA made this move two days before Christmas, when most people had stopped paying attention to political news. The EPA’s move thus got missed by most of the national media, even though it demonstrates well the Obama strategy in 2011 to win through regulation what it could not win through legislation. And by focusing on Texas, where Republicans have a chance to redistrict with practically no interference from Democrats, the move will certainly incentivize the GOP to limit as much as possible the representation of Democrats in their Congressional delegation as the Republican-controlled House attempts to stymie the EPA’s regulatory innovation.

This also will vault Rick Perry to the highest level of national politics, even as he continues to insist that he won’t run for President. With a third term as governor in hand and a perfect political battle opening in front of him, though, the opportunity may be too much to resist for a man who could possibly unite conservatives and the GOP for a big run against a stumbling Obama in 2012.


TOPICS: Breaking News; Business/Economy; Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: 10thamendment; capandtax; carbonemission; carbontrade; democrats; destroytheepa; donttreadonme; envirofascism; environment; epa; globalwarming; globalwarminghoax; obama; statesrights; teapartyrebellion; texas; tyranny
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To: MeekOneGOP

You said it Meek!


141 posted on 12/27/2010 7:08:26 PM PST by potlatch ( Life must be lived forward but can only be seen looking backward. - Soren Kierkegaard)
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To: Lancey Howard

SECEDE!!!!!


142 posted on 12/27/2010 7:33:32 PM PST by TexConfederate1861
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To: SeekAndFind

The Texas delegation needs to lead the charge to defund the EPA and to place limits on rule making that require any rules proposed to be submitted to Congress for acceptance or rejection and no rule can be implemented unless both the House and the Senate approve it within 90 days.


143 posted on 12/27/2010 7:58:53 PM PST by MIchaelTArchangel (Obama makes me miss Jimmah Cahtah!)
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To: bill1952

>>The President can order the Texas National Guard to take the governor into custody ........<<

My understanding of a (state name) National Guard is that they are under the control of the (state name) Governor and when the President wishes to order them to do something, the President first requests that the (state name) Governor release them to permit their commander accept a command from the President.


144 posted on 12/27/2010 8:02:48 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: isthisnickcool

>>Perry is not a conservative. He is an opportunist. That is it.<<

That description fit 99.99999999% of all “conservative” politicians.


145 posted on 12/27/2010 8:21:50 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: GourmetDan

>>The sole purpose of the Republican Party is to serve as an ineffective alternative to the Democrat Party.<<

Bingo!


146 posted on 12/27/2010 8:26:09 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: Frantzie

>>Still - the Bush clan are one worlder RINOs.<<

WOW! Not many people have the balls to say that on FR.


147 posted on 12/27/2010 8:29:21 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: Java4Jay

>>I side with the South, just like last time.<<

You were around on December 29, 1845? Are you posting from a casket or are you a ghost?


148 posted on 12/27/2010 8:34:53 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: dennisw

>>Then gut the EPA like a fish you just caught.<<

Don’t just gut it, clean it, cut the head completely off. Abolish the EPA!


149 posted on 12/27/2010 8:36:58 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: redgolum

Are you aware that the sheriff in a county is the TOP law officer there. He can order the FEDS to apply for a CCW if he feels like it or he can order that the FEDS are NOT permitted to carry firearms in his county.

Quite a few sheriffs have quietly ordered that they will be notified by the FEDS if there is going to be a large operation in their county and the FEDS OBEY that order. They do not want the sheriff ticked at them.


150 posted on 12/27/2010 8:43:15 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: Lancey Howard
Thats when it became clear that the federal government friendly country clubbers need to be cut off at the knees and real street fighters who HATE communists and their allies in the press come to the forefront and stomp these red sons of bitches down.

Ineffective LOSERS like Bob Michel back in the day and Mitch McConnell,Steele, and Boehner need to declare a policy of ZERO TOLERANCE FOR MARXISTS IN CONGRESS AND CALL FOR THE IMMEDIATE RESIGNATION AND CRIMINAL INVESTIGATION OF ALL MEMBERS OF THE PROGRESSIVE CONGRESSIONAL CAUCUS.

151 posted on 12/27/2010 8:58:01 PM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: wolfcreek
"With a big ol’ *FU Barry* on their foreheads."

They can get a bunch of those "destroy communism" headbands that the South Korean military are wearing.

152 posted on 12/27/2010 10:23:41 PM PST by spokeshave (Islamics and Democrats unite to cut off Adam Smith's invisible hand)
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To: SeekAndFind

Perry should round up EVERY EPA agent or employ in Texas and give them an armed escort by the Texas Rangers to the State Border, and tell them they are NO LONGER WELCOME in the LONE STAR STATE — ans they have NO CONSTITUTIONAL authority there. Sooner or later it HAS to happen. I wish ALL the STATES would stand up to Washington in this way...


153 posted on 12/27/2010 10:38:46 PM PST by patriot preacher
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To: Tex-Con-Man
I’m not up on the current count, but I do know Perry has been turning down federal money. Especially the funds with strings attached.

It's not that hard to turn down various Federal moneys and bribes. But whats much better is to withhold equivalent taxes from the DC tyrants. The reason Congressmen and Senators scramble to grab Federal dollars for their districts is their citizens are paying too much Federal taxes and the Reps are trying to get at least some back

154 posted on 12/27/2010 11:42:51 PM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
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To: SeekAndFind

WHEN are we going to STOP taking this shit from this commie pig?????????????


155 posted on 12/28/2010 1:49:15 AM PST by ratsreek
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To: MeganC

Texas should for a huge Posse to protect its citizens from the fanatics at the EPA.


156 posted on 12/28/2010 2:49:35 AM PST by screaminsunshine (Americanism vs Communism)
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To: Spktyr

The states are going to have to step in to stop Washington. They are way beyond reform at this point. The Government/Media complex is out of control and reporting out nothing but lies.


157 posted on 12/28/2010 2:53:39 AM PST by screaminsunshine (Americanism vs Communism)
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To: Stosh

It takes 34 states to come together and put a stop to the Federal nonsense.


158 posted on 12/28/2010 2:56:20 AM PST by screaminsunshine (Americanism vs Communism)
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To: B4Ranch
You are right, to a point. But the sheriff can be prosecuted by the feds for obstruction (which has happened), and lets be honest, most are not Joe A. with their prisoners in pink underwear. Most sheriff’s get to much funding from the fedgov to bite the hand that feeds them.
159 posted on 12/28/2010 4:35:36 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: screaminsunshine
The "rules" highlighted in the article involve MORE THAN YOU THINK AND MORE THAN TEXAS. Yes, I am shouting...why...because nobody is listening and in fact my original post was summarily and purposefully removed and placed in the blogger/ignore pile. Ignore this at your own peril.

Fact Sheet summary issued by the EPA

This involves more than just the state of Texas and the seven states listed in the press release!!!

The 24 States under the SIP rules

AND

33 States involving the Title V Permit Program

Page 3 of the summary:

Alabama, California, Colorado, District of Columbia, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, and Wisconsin

This is bigger than just Texas and Perry. This effects over half the country. The viewpoint on this here at FR is way, way too narrow.

Back in July, Texas was just the warning shot. Now you see Perry needed to squash this then. A few weeks ago someone asked me about a takeover in Texas before year's end or at the beginning of the new year.

It wasn't just about Texas this whole time. I said if they got away with this in Texas...they would take the nation...

...and so they have.

EPA Issues Six Greenhouse Gas Rules

160 posted on 12/28/2010 4:46:42 AM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
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