Posted on 02/19/2010 1:55:25 PM PST by Delacon
Governor Rick Perry of Texas announced during a press conference on Tuesday that he will sue the United States Environmental Protection Agency on “behalf” of his state in order to stop the agency’s regulation of global warming pollution. Perry says that his intention is to, “defend Texas’ environmental successes against federal overreach. “ He went on to criticize President Obama’s approach to environmental policy. He said the Obama Administration is “…using sweeping mandates and draconian punishments to force a square peg of their vision into the round hole of reality “
The “meat” of Perry’s argument is based upon the “ClimateGate” emails leaked to the public months ago. Texas Attorney General Greg Abbott charges that the emails are “tainted” evidence used by the EPA to determine in December that heat trapping gasses are a health threat that can be regulated by the United States government and the agency specifically.
Perry and other Texas officials submitted a “Petition for Review” to the EPA. In the overview section of the report the petition questions the conclusions of the United Nations International Panel on Climate Change (IPCC), a body considered generally to be a reliable and important source of information regarding climate change. The petitions states in part:
“Previously private email exchanges among top IPCC climatologists reveal an entrenched group of activists focused less in reaching an objective scientific conclusion than on achieving their desired outcome. These scientists worked to prevent contravening studies from being published, colluded to hide research flaws, and collaborated to obstruct the public’s legal right to public information under open records laws.”
Hopefully this will open the floodgates for other states to file similar lawsuits.
Carbon dioxide and water are not pollutants. Good for Perry.
I welcome this, but note that this is very clearly a signal that Perry will be trying to run for President.
Is this just election year shenanigans or is he going to follow this through?
Peabody Energy Co. is also challenging the EPA in court.
Lemme find the link.
So is Virginia.
We’re going after the goofballs.
ping
World’s Biggest Coal Co. Brings US Gov’t. to Court in Climate Fraud
http://www.freerepublic.com/focus/f-news/2453800/posts
Must be election year for governor in Texas....
Go Gov Rick!
Yep, and that's very scary. He will say anything to get elected. He would be a liberal if he thought that was the easiest way to power.
He is also a possible presidential candidate. I would like feedback on what freepers think about him.
I'm not an expert in this, but from what I've read, because the EPA’s prospective regulation of carbon would be through the regulatory process rather than as a result of carbon regulation laws passed by the Congress, it's easier to successfully have them struck down in court.
My own understanding is that if Congress were to find that carbon was a danger and needed to be regulated, and then passed specific laws regulating carbon, the courts would give high deference to such legislation.
The EPA would merely be obeying the law's explicit instructions, and would rely on Congress's findings of fact.
But because the current attempt is to do it through the regulatory process, the EPA derives its power to regulate carbon not via direct legislation dealing specifically with carbon, but via laws mandating regulation of pollutants, generally. The EPA, then, is relying directly on the science to support its regulations, not on the direct instructions of Congress.
Thus, a lawsuit that challenges the science on which the EPA relies has a much better chance of success.
Or, that's how I understand it.
sitetest
The EPA needs to be dismantled, everybody fired and then sued into the ground and covered with 1000 tons of rocks.
They and their kind are what’s wrong with our gov.
They hate America and what we were a long time ago!
There’s another one for your list in post #10
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