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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 Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions.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: NeverForgetBataan

“We just ignore the EPA and its decrees. When the Federal Government cuts off federal funds, Texas cuts off the flow of petroleum products from the the refineries that line the Houston Ship channel.”

####

I would love to see that happen.

But it won’t.

I have yet to see anyone on our side with big enough balls. Yeah, even in Texas.


41 posted on 12/27/2010 1:41:35 PM PST by EyeGuy (RaceMarxist Obama: The Politics of Vengeance)
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To: Logical me

One reason Texas has been slow to respond to stuff in the past year is because our legislature only meets every other year, and our Governor is strictly limited.

Our legislature meets the second Tuesday of January, 2011. And, by the way, it’s now supermajority Republicans after the last election. The Dems can’t even stop stuff by absconding to Oklahoma any more.


42 posted on 12/27/2010 1:41:57 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: MsLady
Perry gets a lot of abuse from conservatives, some undeserved...

Perry turns down nat'l edu. funds

“If Washington were truly concerned about funding education with solutions that match local challenges, they would make the money available to states with no strings attached,” he said.

Texas Gov. Rick Perry rejects stimulus money for jobless claims

Gov. Rick Perry , joining a handful of his fellow Southern Republican leaders, said Thursday that he was rejecting $556 million in federal stimulus money for unemployed Texans because it had too many strings attached.

43 posted on 12/27/2010 1:42:13 PM PST by Tex-Con-Man
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To: NeverForgetBataan

If fedgov shuts off their funds, they should direct all companies in Texas to forward their federal tax witholding to the state to be held in escrow until it’s resolved.


44 posted on 12/27/2010 1:42:28 PM PST by tacticalogic
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To: EyeGuy

Just wait. People in Texas are very, very angry about what’s been going on.

Of course, we might just secede instead.


45 posted on 12/27/2010 1:43:25 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

“Of course, we might just secede instead.”

####

Let us hope that say, AZ and OK join you.

And I’m not sure that my Missouri would be too far behind.


46 posted on 12/27/2010 1:45:07 PM PST by EyeGuy (RaceMarxist Obama: The Politics of Vengeance)
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To: Spktyr

” They’re desperately counting on our income taxes to keep going. “

Not as long as Bernanke and Geithner have control of the printing presses....

(I read somewhere recently that Federal Tax receipts - from all sources - accounts for only 40% of Federal outlays..)


47 posted on 12/27/2010 1:48:02 PM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Spktyr
Inspired words. Is that quote from the Texas State Constitution?

I think also as the Declaration of Independence says "Prudence, indeed, will dictate that Government long established should not be changed for light or transient causes..." Prudence, in other words, dictates first going for state court and legislative nullification of abhorrent federal laws, using every means possible before deciding on cessation as the final answer.

Personally, I believe that at some point cessation of those that hate tyranny and love freedom appears inevitable. But I also believe in going through all the steps necessary to avoid it if at all possible.

48 posted on 12/27/2010 1:49:09 PM PST by Jim W N
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To: Uncle Ike

That’s true, sort of. But if they don’t get the billions from Texas on schedule, that whole house of cards is going to collapse - because then the world financial markets are going to have to de-rate the US. Pretty much the same thing that happens when a big company has their largest client tell them they’re not getting paid.


49 posted on 12/27/2010 1:49:59 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SeekAndFind; enough_idiocy; meyer; Normandy; Whenifhow; TenthAmendmentChampion; Clive; scripter; ...
 


Beam me to Planet Gore !

50 posted on 12/27/2010 1:49:59 PM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: Jim 0216

Specifically, it’s from:

“The Unanimous
Declaration of Independence
made by the
Delegates of the People of Texas
in General Convention
at the town of Washington
on the 2nd day of March 1836.”

http://www.lsjunction.com/docs/tdoi.htm

Written literally overnight in bitter cold at Washington-on-the-Brazos.

Our state Constitution goes one step further:

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Article 1, Section 2, Texas State Constitution.


51 posted on 12/27/2010 1:55:29 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: EyeGuy

You have too many Democrats, sorry. :P


52 posted on 12/27/2010 1:56:20 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: EyeGuy

“Let us hope that say, AZ and OK join you.

And I’m not sure that my Missouri would be too far behind”
**********************************************************************

Oh don’t worry. There will be a few more than just OK, AZ and MO to come along. The map of the US might look similar to
the one in 1861.


53 posted on 12/27/2010 1:56:38 PM PST by NeverForgetBataan (To the German Commander: ..........................NUTS !)
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To: marron; Jim 0216

>and dare them to do something about it.

Well, that depends. - The President can order the Texas National Guard to take the governor into custody and the Federal courts can handcuff the Texas legislature as well.

To stand up to that threat, 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.

In addition, he would have to have the near total willingness of all state and local police forces to resist federal officers with lethal force.

In short, what I am saying is that he must have the preconditions needed for armed secession in place and THAT is nearly impossible these days.

Of course it would not come to that - The state would back down just like George Wallace did in the face of National Guard troops in Alabama.

The only things that he could do when push comes to shove is play political capital.


54 posted on 12/27/2010 1:59:06 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: Spktyr

Easy way to get rid of democRats/liberals in the seceded states:

1) cut off welfare
2) make it impossible for busybodies to get into positions of power over others and their private property


55 posted on 12/27/2010 1:59:33 PM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: bill1952

You’re missing one thing. Texas actually has its own military, separate from the National Guard. It’s called the Texas State Guard.


56 posted on 12/27/2010 2:00:35 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: marron
We need to start gutting the EPA’s budget as congress’ first order of business

- First order of business is to shut down, repeal, or strike down ObamieComieCare.
- Next, go after ALL UNCONSTITUTIONAL REGULATORY AGENCIES that have allowed the executive branch to create laws thus circumventing the balance of powers in government.
- Next abolish most of the cabinet posts and departments.
- Next, cut taxes to 10% flat sales tax abolishing with the hideous IRS in the process.
- Next, rebuild and update our borders and military capabilities as second to none as an effective deterrent to aggression.
- Take it from there I guess...

Average American prosperity would be unprecedented. This would be like the Biblical Jubilee, "Proclaim liberty throughout the land."

57 posted on 12/27/2010 2:02:46 PM PST by Jim W N
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To: SeekAndFind

God bless Texas.


58 posted on 12/27/2010 2:09:08 PM PST by Jim Robinson (Rebellion is brewing!! Nuke the corrupt commie bastards to HELL!!)
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To: Spktyr

Missouri demoRATS are mostly clustered in the Amish enclaves of St. Louis, MO and Kansas City, MO. Don’t EVER doubt the conservative credentials of Missourians. Those areas dis-proportionally slant it toward demoRATs in some elections.

It’s also the state that bore William Quantrill and “Bloody” Bill Anderson.


59 posted on 12/27/2010 2:09:08 PM PST by NeverForgetBataan (To the German Commander: ..........................NUTS !)
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To: EBH
Broke here first today...mods. bumped it out of breaking and put it in “blogger personal.”

It is in "Extended News" (News/Activism).

60 posted on 12/27/2010 2:10:48 PM PST by houeto (Government derives its just powers from the consent of the governed.)
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