Texas Sues to Block Bizarre "Global Warming" EPA Rules

WOAI ^ | 9/16/10 | Jim Forsyth

[laotzu]

The state of Texas today sued the U.S. Environmental Protection Agency in a federal appeals court in Washington DC, claiming four new regulations imposed by the EPA are based on the thoroughly discredited findings of the Intergovernmental Panel on Climate Change and are 'factually flawed,'.

Texas Attorney General Greg Abbott says the rules are illegal and if imposed, will cost Texans in higher energy costs and tens of thousands of lost jobs.

"The state explained that the IPCC, and therefore the EPA, relied on flawed science to conclude that greenhouse emissions endanger public health and welfare," Abbott said. "Because the Administration predicated its Endangerment Finding on the IPCC's questionable facts, the state is seeking to prevent the EPA's new rules, and the economic harm that will result from these regulations, from being imposed on Texas employers, workers, and enforcement agencies."

The IPCC has become the laughing stock of science, with numerous revelations of sloppy research, science, and in one report, a prediction that glaciers would melt in 25 years was due to a researcher mixing numbers, and writing '2035' including '2350,' which was the year the glaciers were really expected to be in danger.

One of the rules imposed by the EPA would extend clean air regulations to the tailpipes of personal cars and trucks, but Abbott says the pollutants which the EPA aims to restrict by this rule aren't even found in internal combustion vehicles.

One of the rules, the so called 'Tailoring Rule,' would require that all Texas clean air regulations be 'tailored' to match federal rules by January 2, 2011, or the US EPA will impose it's rules on Texas.

"Today's court filings challenge the EPA's attempts to ignore federal law, impose their federally mandated deadlines and force Texas to spend millions of dollars advancing the Administration’s regulatory agenda," Abbott said.

[laotzu]

I love waking up in Texas everyday.

[terjon]

http://www.youtube.com/watch?v=2_OzLHKFN5s

[EQAndyBuzz]

“I love waking up in Texas everyday.”

Same here.

[Army Air Corps]

Ping.

[Red Badger]

I love waking up everyday. ..................

[Army Air Corps]

Ping.

[George from New England]

Just counting the minutes until the Florida AG does a copy cat. Cmon McCullum.

[Ingtar]

Thank you Texas, from a Tennesean

[King_Corey]

Mee too, and the “Attack on Texas” continues by the Regime and it’s Czars.

[laotzu]

I know that I speak for most Texans in saying:
Thank you Tennessee. We owe you guys so much.

If we ever secede, Tenneseans are grandfathered in as most honorable Texas citizens.

[steelyourfaith]

Thanx AAC !

 

Beam me to Planet Gore !EPA: An unelected, flunky bureaucracy populated with radical, no-growth, Marxist, environmental nut-jobs wielding rogue powers based in junk science. A cancer on the private sector. Ultimately, the EPA is not about the environment. It is about legislating from the Executive Branch in Soviet Agency style. It has the convenient unconstitutional feature of allowing the Obama Administration to pursue an extreme global warming agenda, to make energy prices necessarily sky-rocket, and gain sweeping regulatory control over the US economy without a politically difficult vote in congress.

Action against EPA abuse of power by private enterprise:

• CEI: CEI, Science Groups Petition EPA to Reconsider Increasingly Dubious Global Warming “Endangerment” Finding
• CEI: New Lawsuit, Petition Challenge EPA Global Warming Regulations
• PEC: World’s biggest coal company brings U.S. government to court in climate fraud
• PEC: World’s biggest coal company brings U.S. government to court in climate fraud
• CEI, NAM, API, CRA, OCA, UARG, etc.: 16 'Endangerment' Lawsuits Filed Against EPA Before Deadline
• U.S. Chamber of Commerce: U.S. Chamber lawsuit attacks basis for EPA emissions limits

Action against EPA abuse of power by state/federal government:

• TX: Texas Sues to Block Bizarre "Global Warming" EPA Rules
• TX: A Green Tea Party
• TX: Texas, Skeptics Seek Court Review of EPA's 'Endangerment' Finding
• TX: Texas sues EPA over anti-pollution plan
• TX: Texas to challenge US greenhouse gas rules
• TX: UPDATE 1-Texas to challenge US greenhouse gas rules
• TX: Governor Rick Perry To Sue the EPA
• TX: Texas Fight! What Other States Can Learn from Texas vs U.S. EPA
• VA: Cuccinelli, Virginia Attorney General Challenges EPA on Greenhouse Gas
• VA: Va. challenges EPA's stance on global warming
• VA: Virginia challenges EPA ruling on greenhouse gases
• VA: Video: Virginia AG Tells EPA To Go Back To The Drawing Board Over Globaloney
• VA: Cuccinelli seeks to block EPA’s global-warming petition Attorney general disputes climate change...
• VA: Cuccinelli Fights the EPA
• VA: EPA, Countering Critics of Greenhouse Gas Findings, Says 'Science Is Settled'
• VA: Newly-Elected Virginia AG Ken Cuccinelli: Activist!
• UT, TX, VA: Texas, Utah, Virginia Sue over Fraudulent Glo-Bull Warming
• AL, TX, VA: Three States Sue EPA Over Global Warming Ruling
• MS: Barbour Lobbies Fellow Governors to Oppose EPA Regulations
• AK: Alaska senator moves to strip EPA's authority
• FL, IN, SC, VA, TX, AL et al: US states sue EPA to stop greenhouse gas rules [FL, IN, SC, VA, TX, AL...]
• Fed: Effort To Block EPA Greenhouse Ruling Now Bipartisan
• Fed: Senior Democrats floating bill to block EPA on plans for greenhouse gas rules
• Fed: US Reps from Mo. to propose blocking EPA gas rules
• Fed: Democrat slow learners wake up to EPA power grab ( CO2 Gas is a pollutant?)
• Fed: House Democrats challenge EPA on greenhouse gases
• Fed: Helter-Skelton: Key Lawmaker Reverses On Climate Action
• Fed: House GOP targets EPA rules
• Fed: US Sen. Rockefeller seeks EPA carbon rule delay

Action in support of EPA abuse of power:

• NYC et al: CLIMATE: States seek to intervene in challenge to EPA's endangerment finding

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☆☆ States Officially Rejecting Anthropogenic Global Warming

☆ Utah
☆ Arizona

[dusttoyou]

I love waking up in Texas everyday. Damn Right!

Wonder why Abbott filed in DC Court? The Juror base will not be helpful up there, Tyler Fed would have been much better.

[sheikdetailfeather]

Tanya Tucker: Texas (When I Die)

http://www.youtube.com/watch?v=PN4rC4s9Aus&feature=fvw

[Dr. Bogus Pachysandra]

syf,
As the operator of a public water supply system, I have to deal with the epa constantly. What a major pita those people are!

[Bean Counter]

[steelyourfaith]

My condolences.

The totality of the harm the EPA does exceeds any good they may do. While I don't have any EPA dealings I, like many Americans, can't escape other alphabet Big Government agencies that regulate me, shake me down, and put me potentially at risk of being fined for unsatisfactory compliance.

I'm reminded of Rush Limbaugh's recounting (in his "Quick Hits" of the 8/19/10 show) of a small business man's encounter with an OSHA inspector:

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Story #6: A St. Louis Businessman's Battle Against OSHA

RUSH: Okay, here's the small business story. St. Louis Post-Dispatch on Wednesday: "Small Business Owner Stands up to Government." It's a great example here of your government working for you. The same government that wants to be in charge of your health care and your housing and your student loans and your Internet, your transportation, your food, your telephone. "Gary Heffernan has been a tuckpointer for 35 years. For the last 20, he has been in business for himself. He operates Heff's Tuckpointing out of his home in South St. Louis. Heff's is a small company with two employees -- Heffernan and his nephew. Still, it's a successful operation. 'We stay busy.

We have about all the work we can handle, and it's all referrals,' Heffernan told me. It's almost all residential work. The occasional commercial job is usually a small, storefront business. In April, Heffernan and his nephew were working on a house in the 6400 block of January Avenue. Heffernan had finished rebuilding the chimney and his nephew was finishing up the job when Heffernan left to bid a job in West County. While he was looking at the prospective new job, he got a call from his nephew. There was some kind of a problem with an inspector.

"Heffernan returned to the site on January Avenue and found that an inspector for the Occupational Safety and Health Administration had shut down the site. In other words, she had told Heffernan's nephew to stop working. Heffernan was taken back. 'I've been doing this for 35 years and I've never seen an OSHA inspector before,' he said. He said the inspector had written several citations. The first thing she told him was his scaffold wasn't level. He said he pulled out his level and put it on the scaffold to show that the scaffold was level. He said the inspector then wrote down the brand name of the level, as if there might be something wrong with his equipment. 'Truth is, you could have put a horse on that scaffold,' Heffernan said.

"He said he offered to let the inspector walk on the scaffold, but she declined and said she was afraid of heights. The inspector told him his nephew needed a helmet and a safety harness. 'We have safety harnesses. If the job requires it, we wear them,' Heffernan said. 'But my nephew was only about 11 feet off the ground. I told the inspector I didn't know what I was supposed to attach the harness to. She told me I could rent a lift and run the main pole above the chimney and have the safety line from that hooked to my nephew. A lift costs about $750 a day. It made no sense.' Eventually, the inspector left. Three months later, in the middle of July, Heffernan received notice in the mail that he had been cited for three violations. He had 'not developed/implemented a Hazard Communication Program for employees engaged in tuckpoint operations using such products as, but not limited to, Portland Cement, Sand, Solomon Colors Concentrated Mortar, and Miracle Morta-LOK Type 'S' Masons Lime.' Nor did he maintain an inventory list of these items. The fine was $1,050."

Gary Heffernan and his tuckpointing business were cited three times. The first citation: "He had 'not developed/implemented a Hazard Communication Program for employees'" he has one "'engaged in tuckpoint operations using such products as, but not limited to, Portland Cement, Sand, Solomon Colors Concentrated Mortar, and Miracle Morta-LOK Type "S" Masons Lime.' Nor did he maintain an inventory list of these items. The fine was $1,050. The second violation was that 'employees'" there's only one "'were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns.'

"That fine was $1,050. Finally, the employees were 'not protected by guardrail systems, safety net systems, or personal fall arrest system.' That fine was $1,500. Heff's Tuckpointing is a successful operation," a successful business. Thirty-five years he's been out there. Not one visit ever from OSHA. But Gary Heffernan "cannot afford $3,600 in fines. 'I've got good credit. I could borrow the money,' Heffernan said. 'But this is ridiculous. I'm very safety conscious. Also, my insurance agent said my rates for workmen's comp might go up if I have these violations.' So Heffernan requested a meeting to contest the violations.

He said he spoke with an OSHA compliance officer who offered to drop the first violation and reduce the fines of the other two by 40 percent. Heffernan refused the offer. He has now requested a formal hearing." The reporter for the St. Louis Post-Dispatch "called the St. Louis OSHA office Tuesday and spoke with William McDonald, the agency's area director. He said he could not discuss the specifics of the case because it is being contested. Could he tell me how the OSHA inspector got on the case in the first place? 'Generally speaking, somebody calls. We had a referral in this case. I can't say much beyond that,' McDonald said." Who would...?

There's one employee, the guy's nephew. So who's the rat fink here? Who's the rat fink? Some neighbor? (interruption) Inside job? Snerdley, let's not even go down that road. Inside job, the nephew turning in his uncle. "What happens next? "'If an informal conference does not resolve the problem, the case gets referred to an administrative judge,' McDonald said. 'The great majority of cases get worked out before there is an actual hearing.' Perhaps this one will get worked out, but at the moment, Heffernan seems determined to fight it all the way, and he has a safety record with which it's hard to argue." So that's the Obama OSHA: Tuckpoint business, 35 years, no problems, no violations, and now fines that are unaffordable for a job being done 11 feet off the ground.

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[ForGod'sSake]

Thanks AAC! Going to add this one to "10thamendment" keyword list since I pinged a similar thread not long ago.

GOD BLESS TEXAS!

[Monorprise]

The EPA needs to get their dam dirty hands off Texas.

They are as an organization entirely unauthorized in the Federal constitution, that fact is self-evident in a simple reading of the document.

http://www.usconstitution.net/const.html

It doesn’t matter what the Federal employees in black robes say, they can’t Amend the Constitution to make the EPA an enumerated power capable of violating the rights of the people of the State of Texas or the other United States.

Although clearly the Federal employees in black robes are quite skilled at ignoring the very law which defines the limits of their own and their employees power.

Its past time they learn the limits and cost of force.

Somebody has to stand up to theses bullies, and teach them that they can’t just throw their weight around imposing whatever they like on others.

We have to find a way to do that.

[Judith Anne]

How can AMERICANS be fined, imprisoned, regulated by the EPA? No one elected them, they are not answerable to the people, they have no authority we can appeal to, they are unidentified by name and address, they are ubiquitous, they have demonstrated malice toward free enterprise — who the hell ARE these dictators?

[Monorprise]

The man should have fired his employees due to inability to pay for OSHA safety regulations, and gotten them to complain about OSHA prohibiting them from taking the risks necessary just to work and forcing them to accept the true minimum wage of 0 dollars and 0 cents an hour.

Liberals never pay attention how their regulations really do hurt people, that’s why it is important for us to personalizes the impact of their rules and regulations.

We have the right not to be safe. We have the right to risk our safety and health in doing a job we enjoy. The Federal Government of all governments has no right to take that right from us. (9th amendment issue).