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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 Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions.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: REPANDPROUDOFIT
The two most used overkill manufacturers for EPA compliance is Siemens and GE. Ever watch a Siemens propaganda ad.? The closely resemble the Environmental hero, save the human race, save the planet ads like GE spews out.

They are both evil profiteers of the same cloth.

201 posted on 12/29/2010 2:44:38 AM PST by PSYCHO-FREEP ( Give me Liberty, or give me an M-24A2!)
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To: SeekAndFind

(What can a state do if it loses in court?)

... make damn sure epa loses its life


202 posted on 12/29/2010 4:01:46 AM PST by SF_Redux (the scarier part about all these Marxists is, that a few of them can breed .. with the opposite sex)
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To: RightOnline
If Texas pushes this as a Constitutional challenge in court, the EPA gets their heads handed to ‘em. Amy power not specifically granted the Fed automatically reverts to the States and the people. Nowhere in the Constitution is “EPA” or anything remotely close mentioned. They lose.....big time.

The Supreme Court already gave them the power to regulate everything in life a couple years ago.

203 posted on 12/29/2010 8:28:28 AM PST by Jeff Chandler (Judas Iscariot - the first social justice advocate. John 12:3-6)
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To: RightOnline
the EPA gets their heads handed to ‘em.

Given a Supreme Court that won't touch the Obama "Natural Born Citizen" issue, the Supreme Court probably won't touch any HOT political issue.

204 posted on 12/29/2010 9:11:56 AM PST by OldNavyVet (One trillion days, at 365 days per year, is 2,739,726,027 years ... almost 3 billion years)
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To: bill1952

RE: “the Governor must have high US Armed Forces officers & commanders - who are the officers in the Texas National Guard - willing to disregard their oaths to the Federal Officials & willfully disobey Federal orders.”

I was under the impression that Federal troops swore an oath to the US Constitution, not to Der Feurer?

Are all State NG units branches of the Wermacht now?


205 posted on 12/29/2010 12:40:16 PM PST by George Varnum (Liberty, like our Forefather's Flintlock Musket, must be kept clean, oiled, and READY!)
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To: spokeshave

Re #152: “They can get a bunch of those “destroy communism” headbands that the South Korean military are wearing. “

Do you know where we can buy some of those things? I want to start wearing one around town!


206 posted on 12/29/2010 1:17:12 PM PST by George Varnum (Liberty, like our Forefather's Flintlock Musket, must be kept clean, oiled, and READY!)
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To: SeekAndFind

STATES have rights, they can oped out and refuse to heel to the feds. Soveriegn Rights do work.


207 posted on 12/29/2010 1:17:23 PM PST by OPS4 (Ops4 God Bless America!Jesus is Lord!)
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To: dennisw
"Then gut the EPA like a fish you just caught."

Spoken as a true conservative.

RINOs, the morons they are, believe in "catch 'n release".

[Mr] T

208 posted on 12/29/2010 1:49:39 PM PST by trooprally (Never Give Up - Never Give In - Remember Our Troops)
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To: SeekAndFind; ex-Texan

Carbon-emission = liberal-commies speaking.


209 posted on 12/29/2010 3:46:25 PM PST by M. Espinola (Freedom is never "free")
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To: MsLady; All

My solution to this is for the state to keep all federal withholding from its employees, both FICA and FIT, and put it into an escrow account. In Switzerland or the Bahamas. We need to starve the Beast, literally.


210 posted on 12/29/2010 4:31:53 PM PST by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: The Comedian

Please put me on your Enemies Domestic ping list. Thanks!


211 posted on 12/29/2010 4:34:47 PM PST by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: Seadog Bytes

Thanks Seadog Bytes.


212 posted on 12/29/2010 5:42:58 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: SeekAndFind

All agents of the federal gubmint found in any given state should be “detained” by local law enforcement.


213 posted on 12/30/2010 5:27:27 AM PST by exnavy (May the Lord grant our troops protection and endurance.)
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To: exnavy
Just another plan to control us. No doubt about it they have a plan. I was shocked at what they have planned for the USA. They want no more USA only globalists.

great link for info on Agenda 21 YIKES
GLOBALISM VS OUR RIGHTS
http://www.freedomadvocates.org/


here is another link-————
very important check out page 25———

Simulated Reserve and Corridor System to Preserve Biodiversity
a map from UN on plans to gobble up land by USA government
to control us
http://www.freedomadvocates.org/images/pdf/The%20Ultimate%20War%20by%20Michael%20Shaw_San%20Marcos%20TX_10-28-2010.pdf

related
bo is voicing support for a U.N. resolution that could accomplish something as radical as relinquishing some U.S. sovereignty and opening a path for the return of ancient tribal lands to American Indians, including even parts of Manhattan.

http://www.wnd.com/?pageId=243153

214 posted on 12/30/2010 9:20:38 AM PST by freedommom
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To: SeekAndFind
it demonstrates well the Obama strategy in 2011 to win through regulation what it could not win through legislation.

True enough. Obama doesn't need legislation to continue waging war against America. There are more than enough federal agencies, rules, regulations, regulators, and policies, already in place, to accommodate his every wish to disrupt and destroy.

For decades folks moaned, 'well this or that federal policy-rule-regulation-mandate almost seems reasonable. But what if it gets in the wrong hands?' Well, all these hundreds of thousands federal mandates, are now in the wrong hands. So, we are about to realize the feared "what if" scenario.

215 posted on 12/30/2010 9:51:02 AM PST by takenoprisoner (Repeal the 16th amendment . Send Islam packing to their homeland.)
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To: marron
The governor who takes them on smartly and boldly would be the front runner for president in an instant. Ignore every ruling that can't be supported by the constitution, and dare them to do something about it.

This parallels my own view precisely.

It is long past time for the several states to quit knuckling under, subserviently, to the feds.

I can easily imagine the federal government's retaliating by cutting off Medicare and Social Security payments to the citizens of those states that do not meekly comply with tyrranical regulations.

The obvious rejoinder to that would be for those states to make it a felony for any employer to withhold Medicare or Social Security taxes--and perhaps even Federal Withholding taxes also--from employees' paychecks.

The feds would find it exceedingly difficult to get along normally, amid such wide-scale defiance...

216 posted on 12/31/2010 7:57:01 PM PST by AmericanExceptionalist (Democrats believe in discussing the full spectrum of ideas, all the way from far left to center-left)
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To: TV Dinners

If Fedzilla plays that game, I wish we could say, “Fine, then no revenues shall be paid to Fedzilla from the State of Texas or her citizens.”


217 posted on 01/01/2011 5:34:46 PM PST by Army Air Corps (Four fried chickens and a coke)
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To: SeekAndFind; 11B40; A Balrog of Morgoth; A message; ACelt; Aeronaut; AFPhys; AlexW; ...
DOOMAGE!

Global Warming PING!

You have been pinged because of your interest in environmentalism, alarmist wackos, mainstream media doomsday hype, and other issues pertaining to global warming.

Freep-mail me to get on or off: Add me / Remove me

Please ping me to all note-worthy threads on global warming.

Global Warming on Free Republic

Latest from Global Warming News Site

Latest from Greenie Watch

Latest from Real Climate

Latest from Climate Depot

Latest from Junk Science

Latest from Terra Daily

218 posted on 01/01/2011 11:07:44 PM PST by Tolerance Sucks Rocks (up)
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To: SeekAndFind
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.

That is illegal. The CAA act does not allow them to only regulate large sources.

219 posted on 01/02/2011 3:14:57 AM PST by palmer (Cooperating with Obama = helping him extend the depression and implement socialism.)
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To: Jim 0216
“3) The last resort for a state that has reached the point where it has suffered as the Declaration of Independence calls it, “...a long train of abuses and usurpations, pursuing the same Object...[of]...absolute Depostism...” it can and should divest itself of and cede from the federal government.”

If they do, I'm moving South.

220 posted on 01/02/2011 3:22:36 PM PST by Old Student
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