Skip to comments.Court Temporarily Blocks EPA's Texas Power Grab
Posted on 12/31/2010 5:11:25 PM PST by PhilosopherStone1000
One last bit of news in the old year, the DC Circuit Court of Appeals has stayed the EPA from taking over Texas' emissions regime, at least temporarily. Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didnt give adequate notice or allow for comments on a proposed federal takeover of the states air permitting program on Jan. 2. Last night, the court ordered the agency to hold off on its plan while the court considers whether to delay the move until the case is resolved.
The appeals court ordered the EPA to respond to Texass motion by Jan. 6. Challenges to federal rules are brought directly to appeals courts.
This is simply an administrative stay for the court to consider Texas' motion to preliminarily enjoin the EPA until the litigation is resolved, which is why I say it's only temporary.
There's plenty of background on the Texas takeover at this HotAir post from Monday. The short version is that the EPA says Texas isn't doing enough to regulate emissions, particularly carbon, with its state-level programs, so instead it gets to feel the boot of the federal government on its neck.
On Monday, Ed noted the odd timing of EPA's decision. It was announced just two days before Christmas, with implementation to take place on January 2. I've written at length and several times over the past year about the Obama Administration's startlingly frequent disregard for federal law when it comes to regulatory decisions.
Obama and his fellow bureaucrats are right that Congress has ceded a great deal of authority to the Executive Branch to do pretty much whatever it wants in certain areas. But a significant limit on governance by executive fiat exists both under the Due Process clause and the Administrative Procedure Act. Before the President can just order the Environmental Prosecution Agency to tie lead weights to Texas' economy, he must give Texas notice and an opportunity to respond.
This same restriction tripped up the Obama Administration in the Gulf and at Yucca Mountain this year, where courts deemed lawless various attempts by the Interior Department to arbitrarily favor economy-killing liberal policies over other alternatives. I expect 2011 will be much the same.
Thanks to @irishspy.
All Americans need to join with Texas to help fight off these commie EPA bass turds. WE pay their salaries. It’s time that WE fire them all!
These “smackdowns” mean nothing to Hussein. Look at the unconstitutional ban on drilling. The court said NO, and Hussein and his butt buddy Salazar issued a new order.
No, with Hussein and his cult, the term “no” is for them to say to US—not vice versa.
The U.S. Government has decided to take on the states and the American people. This “hope and change” bull**** is for the birds.
Abolish the EPA, FCC, dept of Energy, FEC , FDA etc.
Repeal all these Countless economy crippling,marxist, environmental laws that democrat Congresses passed.
The EPA is using the hoax of global warming to to cripple the economy.
Yep, It is TIME to DownSize DC! Close entire Departments, beginning with the Department of Education and the EPA. Force Congress and the Senate to telecommute most of the year from their home district, away from the lobbyists and under the thumb of the electorate. Can you imagine the cost savings? And it would change the center-of-gravity of the Federal Government away from DC.
Texas State Legislature meets once every 2 years unless the Governor calls for a special session. It has worked for the State for a long time.
The U.S. Constitution states that Congress shall meet at least 1 time per year and specifies the date (has been changed). It does not specify the length of term of session. Seems like 2 weeks 3-4 times per year should be sufficient to do what needs to be done.
AMEN ! and pray some more....
Yup! I agree. The time for a part time House and Senate has come. We’ve got to do something to cut down on all the mischief they create.
Moving the center-of-gravity of the Federal Government is an idea whose time has come.
The utility corporations that supply gas and electricity to the EPA offices should cut off their power.
Boy, you really hit the nail on the head Fossil. An “As Needed” Congress sounds like a great idea.
Defund the EPA; then drive a stake through them.
It’s already been proven green product are a bunch of crap.
Ever tried to clean with some of them? Worthless.
A speck of good news...
I was going to say if all the fed agencies were shut down we would not even notice it but that would be wrong. We would notice a new energy of growth and development in this country. Everything would come back to life. The air would be fresher, the ring of freedom would return, and everyone that wanted to be successful would be so. Of course there would be the gnashing of teeth and gasping for air by all the parasites that now work for some government agency. What a wonderful sound that would be. Hope I live to see it happen.
Yes! But I am waiting for the first real kick in the butt in the form of to hell with the courts and the Feds. Texas need to tell King Obama to go to hell and if they step on Texas soil the war will start.
We both do.
“Free Men need not ask permission”
All Americans need to join with Texas to help fight off these commie EPA bass turds. WE pay their salaries. Its time that WE fire them all!Yup.
Texas needs to just ignore any court ruling upholding the EPA and any of it’s decrees or fines. THEN we will find out who
has the bigger nuts..... O’Mama or Perry.
When the Federal Marshals come calling, we just arrest them and transport them out of state.
The session is supposed to adjourn sine die on June 30. But it never happens because they can’t get their work done.
I agree completely.
Here’s my list of what should be cut and eliminated:
The Medicare Prescription Drug Care Benefit
The following Departments:
Department of Homeland Security (redundant, as the Department of Defense has that job)
Department of Energy (redundant, as energy is bought and sold - therefore it is commerce and should fall under that Department)
Department of Education (redundant, as each state has one... and all public schools fall under state control, not federal)
Department of Health and Human Services (Again, redundant as every state has one!)
Department of the Interior (redundant, as *ALL* of the US Interior is parceled out to an already existing entity... they are called States)
Department of Agriculture (food is bought and sold, so it should fall under Commerce)
Department of Labor (again, labor is bought and sold, so it should fall under Commerce, heck... it used to even be called the Department of Commerce and Labor, for petes sake!)
Department of Housing and Urban Development (WTF is this?!? Why do we have a federal department acting as a landlord?!?)
And if you add up how much all these Departments alone cost each year... you’d save $1.391 TRILLION each and every year (based on 2009 dollars).
Add in the repeal of the Prescription Drug care benefit and the repeal of Obamacare and you’ll probably see the savings at nearly 2 TRILLION dollars a year!
Texas needs to nullify the regulation. Short of that, just take every EPA regulation to court.
Maybe Texas and Louisiana should just shut down production.
The EPA would be happy then,,,
Cold but happy!!!...
All BS and Monkey Business. DC is not about work, but about Graft, Subjection and Lies.
Honest Government, an oxymoron.
To be fair, this has been going on since 1789. The Government has been in the position of helping decide who were the winners and losers. That’s what led to the split between Hamilton and Madison. It’s why Jefferson overcame his constitutional scruples and bought Louisiana. The Federal Government has always played a role in the distribution of wealth. My problem is that Dc is now becoming the equivalent of London and Paris. The country is too big and to diverse to allow this. As we are beginning to find out, it stretches the constitutional system beyond the breaking point.