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 Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions.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

Don't mess with Texas. God bless Texas.

The the battle begin, one way or the other.

61 posted on 12/27/2010 2:10:53 PM PST by Jim W N
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To: NeverForgetBataan

Kick those two Democrat centers out and we’ll think about it.


62 posted on 12/27/2010 2:13:59 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

Will it stand and Fight the Texas National guard?

Thats the real problem - The National grip on the Guard’s alligence.


63 posted on 12/27/2010 2:14:34 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: bill1952

And it should also be pointed out that the Mexicans thought the same thing in 1836... Do you remember how that worked out for them? :P


64 posted on 12/27/2010 2:15:53 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Jim 0216
Next abolish most of the cabinet posts and departments.

They could reduce the cabinet to half a dozen departments and nothing that really needs doing would be affected.

Most of the others could easily be devolved back to the states, or privatized, or simply abolished.

65 posted on 12/27/2010 2:15:57 PM PST by marron
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To: bill1952

Total Military Recruits: Army, Navy, Air Force (most recent) by state

See here :

http://www.statemaster.com/graph/mil_tot_mil_rec_arm_nav_air_for-recruits-army-navy-air-force

TEXAS TOPS THEM ALL !!


66 posted on 12/27/2010 2:18:21 PM PST by SeekAndFind
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To: bill1952

Most likely is that the Texas National Guard will refuse to respond to either side in such a matter. There’s enough Texas loyalists in the TxNG to make whether trying to put units in the field an open question as to how good an idea it would be.

And yes, I can see the State Guard holding the Capitol steps against the National Guard.


67 posted on 12/27/2010 2:18:24 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: bill1952
If that point is reached where cessation is the only alternative left open, then sure, count the cost. But then, unless Life, Liberty, and Happiness isn't worth the cost to you, commit to what our founders did in the Declaration of Independence: "...with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our scared Honor."
68 posted on 12/27/2010 2:19:03 PM PST by Jim W N
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To: bill1952
The President can order the Texas National Guard to take the governor into custody

It might come to that, and the outcome would be unpredictable (no, I don't predict violence or secession... quite the opposite). The governor could come out of such a confrontation as the next president of the US.

69 posted on 12/27/2010 2:19:29 PM PST by marron
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To: Spktyr

70 posted on 12/27/2010 2:20:44 PM PST by SeekAndFind
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To: Spktyr

71 posted on 12/27/2010 2:21:51 PM PST by SeekAndFind
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To: The Comedian

Damn, they only have it in XXX-LG.


72 posted on 12/27/2010 2:24:26 PM PST by houeto (Government derives its just powers from the consent of the governed.)
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To: bill1952

Seriously, can you imagine the political fallout of a president arresting a governor over an unconstitutional carbon law? Not voting rights, or education rights, but carbon law?

The governor should allow himself to be arrested, play it for all its worth, and by the time its over the president would be repudiated even by his own party. It just takes guts, which as you say is typically in short supply. So it probably wouldn’t happen.

But a governor with a little guts and a flair for the theatrical could easily win such a confrontation and make the president look like the fool he is.


73 posted on 12/27/2010 2:24:55 PM PST by marron
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To: houeto
Damn, they only have it in XXX-LG.

That leaves room for you IIIa threat vest and *both* shoulder holsters inside the shirt.


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

74 posted on 12/27/2010 2:27:48 PM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: SeekAndFind

Defund the EPA then drive a stake through it and don’t obey rules that were put into place illegally.


75 posted on 12/27/2010 2:28:50 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

If Gov Slick Hair can’t do it; import the Gov from New Jersey.


76 posted on 12/27/2010 2:31:22 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: SeekAndFind

“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.”

I’d state it more simpler than this. AGW is total bullsh** and therefore the EPA’s regulations on carbon emissions are based on the same bullsh**.


77 posted on 12/27/2010 2:32:26 PM PST by headstamp 2 ("My Boss is a Jewish Carpenter")
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To: Ruy Dias de Bivar

With a big ol’ *FU Barry* on their foreheads.


78 posted on 12/27/2010 2:33:09 PM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: Lancey Howard

Good Article, but to my point they are not Co-Equal, but rather checks on each other.

“But, although separated, Madison believed it essential that the three branches be connected so that each could place a check on the power of the other:

and

“[i]t is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, “

So to my point none can override the other and cannot/should not usurp the powers of the other branch. IE the Judicatory cannot make a Law (yet we see this all to often), The Congress cannot enforce the Laws...

To the point, and this I say, they are not equal. Article One is the first and longest (Congress) well defined powers where are Article 3 (Judicatory) is the smallest and limited in many ways IE they cannot control themselves. For example whom determines what Courts are needed and how large they are? As we seen in the past by the example of stacking the Supreme court Congress can manipulate when “We the People” are not paying attention to get the results they want.

So, I still say they are checked on each other, but by no way equal in all aspects.


79 posted on 12/27/2010 2:35:00 PM PST by jafojeffsurf ( Return to the Constitution.)
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To: Lancey Howard

TX AG Greg Abbott is all over this and has been for a while now.


80 posted on 12/27/2010 2:35:05 PM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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