[Delacon]

Go get em Rick! Hopefully SCOTUS will rule the EPA's actions as unconstitutional.

[Sybeck1]

Was the carbon dioxide is a pollutant court minus Alito and Roberts?

[Man50D]

Hopefully this will open the floodgates for other states to file similar lawsuits.

[Cicero]

Carbon dioxide and water are not pollutants. Good for Perry.

[Jewbacca]

I welcome this, but note that this is very clearly a signal that Perry will be trying to run for President.

[BJClinton]

Is this just election year shenanigans or is he going to follow this through?

[Roccus]

Peabody Energy Co. is also challenging the EPA in court.

Lemme find the link.

[Delacon]

ping

[Allegra]

Perry ping.

[rae4palin]

Go Gov Rick!

[sitetest]

Dear Delacon,

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

[LadyPilgrim]

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!

[dfwgator]

[FTJM]

Campaign trick.

[SunkenCiv]

Thanks Delacon.

[shield]

bfl

[matginzac]

Excellent!

But our right-wing, pro-life, ultra-conservative, newly-elected Attorney General of VA, Ken Cucinelli, beat him to it...
Thank you, Virginians! Yay!

[raptor22]

Virguinia, Utah, and now Texas...may the list grow! http://www.freerepublic.com/focus/f-news/2454495/posts

[wolfcreek]

Geee. Is this what they call *nullification*?