Skip to comments.Texas AG Sues EPA over Obama’s War on Energy
Posted on 08/26/2011 12:08:38 PM PDT by Kaslin
In an attempt to push back the government overreach that has been killing jobs in the country since Obamas red-tape machine arrived in DC, Texas has decided to sue the EPA over rules that threaten to shut down coal fired plants.
Texas, under Governor Rick Perry and Attorney General Greg Abbott, has been at the forefront of the 10th Amendment movement seeking to reign in the federal governments repeated attempts to micromanage, manhandle and mismanage almost every aspect of the citizens personal and professional lives.
The Texas Attorney Generals office will pursue every available legal remedy to prevent the U.S. Environmental Protection Agency from implementing the new Cross-State Air Pollution rule in the state, office spokeswoman Lauren Bean said, according to the Fort Worth Star Telegram.
The new rules are designed as a regulatory end run around the states and Congress in order to implement policies that neither the states nor the Congress will approve. Even with a substantial liberal majority in Congress in 2010, Blue Dog Democrats and red-blooded Republicans managed to beat back attempts to impose similar policies under so-called cap-and-trade legislation.
But Obama rarely cares much for the approval of Congress. Once Congress stopped acting as a ways and means committee for him, the president started pursuing a policy of enacting legislation- or scuttling it- by regulatory action, nuisance lawsuits and prosecutorial discretion.
The EPA has re-written rules regarding emissions under the guise of health risks posed by fossil fuels. Power plants have gone from the regulatory requirement of using the best available emissions technology to being required to install the most advanced emissions technology.
Consequently many older coal fired plants will likely be shuttered because they wont be able to afford the most advanced emissions technology. And for those power plants that already meet emissions standards, the EPA is using vague air quality rules to shut down the more advanced coal fired plants.
Last month the Texas AGs office announced that it would be suing the EPA over permitting rules rejected by the EPA that will prevent the construction of large industrial plants. The announcement was accompanied by blistering criticism of the EPA by Governor Rick Perry, who has since entered the presidential race.
"The EPAs overreach is as potentially devastating as it is unnecessary, said Governor Rick Perry last month as reported by the Texas Tribune. Texas has achieved greater improvements in air quality than the nation as a whole since 2000 through our use of incentives and innovation."
The Tribune also reported that Perry said that new standards by the EPA would also "likely result in significantly higher prices for energy and just about everything else, a frightening prospect during a time so many Americans are struggling to make ends meet."
The Texas Railroad Commission, which is responsible for coal mining operations in Texas, urged the attorney general to take action against the EPA. They say that the EPA is targeting Texas and the implication is that the targeting is political.
This rule is just another attempt by overzealous Obama appointees to stifle economic growth in Texas, Commissioner Barry Smitherman said. The EPA effectively shut Texas out of negotiations on this rule, and demonstrated that they have no interest in scientific evidence or facts. If this ill-considered rule is allowed to stand, it will damage the reliability of our electric grid, and thereby harm the citizens the EPA claims to be protecting.
Texas has huge reserves of lignite coal, a softer, more moisture-rich coal, which puts out significantly less energy than anthracite or bituminous coal. Still, 40 percent of the coal used in Texas for electricity generation comes from Texas lignite, says the Railroad Commission.
Earlier this week, according to the Star Telegram, the commission sent a letter to the attorney generals office urging the AG to sue the EPA over the rules.
In addition to killing jobs in Texas, the new rules make it more likely that power brownouts and blackouts will happen during the hot summer months, according to the letter sent to the AG.
Yet again, another EPA rule targets Texas by putting jobs and energy reliability directly in the crosshairs because of radical environmental policies driven by unelected federal bureaucrats, Railroad Commission Chairman Elizabeth Ames Jones said. As the country's fifth largest coal producing state and the top job creating state, Americans rely on Texas energy and Texas jobs to fuel our economic recovery."
She added: "Don't mess with Texas.
And now that Perrys in, git used to hearin it.
Perry v. Obama, looks like a grudge match.
Somebody needs to rein in what has become an Imperial Presidency. He doesn’t even attempt to get congressional approval for what he does anymore.
Greg Abbott is a good man. I voted for him.
This is at Gov Perry’s direction and has been in the works for sometime.
I am from Texas and there is no doubt about the grudge match. Obama snubbed Texas and Gov. Perry so many times that this is going to be more than just a grudge match. This is close up and personal.
Have the Texas rangers start Arresting these Federal officials who are acting illegally.
I work for a service contractor who provides a direct service to both the Attorney General’s office and to the Office of Railroad Commissioner.
I’m proud of what they’re doing on this critical issue.
It’s in the court system now.
That was the article’s point.
This Tennessean hopes Rick opens the world's biggest can of WHUPASS and dumps it all over the Illegal and Moochelle. Could be a lot of fun to watch, especially since it's not been done to the Illegal before.
Its in the court system now.
That was the articles point.”
I know but that is meaningless,Arrest the Bastards in the meantime.
The EPA could be effectively neutered without giving the ‘rats the “you want pollution” demogoguery card.
Just require human and economic impact studies for every policy they have. And then require every policy that has the force of law to be voted on by congress.
"We have become a goddamned cargo cult. We think that the great god Washington has money, and when we send our chief up there, that Washington is going to rain money down on us. Are you crazy? The nation is broke, and Hawaii is a tiny, eentsy bitsy row of dots afloat far away on a distant ocean.
There aint no more Washington money. Dan Inouye is not Santa Claus or the Tooth Fairy. The game is up. I told you and I told you and I told you. About the economy. About the ERS. About the EUTF. About all of it..and now the day has come and after ten years you are not ready."
-- John Radcliffe, union lobbyist for University of Hawaii Professional Assembly (labor union) Speech to UHPA Sat. Feb. 12, 2011
The list, ping
Let me know if you would like to be on or off the ping list
Except the illegal aliens of course. They are a protected species around here.
A union guy said that? Wow.
It isn’t meaningless.
It isn’t perfect, in that it isn’t complete. Perfection actually means complete, having come to fruition...at least that’s the Biblical meaning of it.
We’re not wild west in Texas. We do things by the book. It’s just that, we’ll get you one way or if it becomes necessary, we’ll get you the other, if you mess with us.
There’s this neat place way out west in Langtry, TX, with a museum to Judge Roy Bean, who was called the “Law West of the Pecos”. His law was not the same as in other places, and he was just one man. However, it was the only form of law at that time and at that place. But note, it had a certain form to it.
Today we have a certain form to the law and that is what we will follow. But here’s the thing, if it comes down to it, I think we will find a way to shut down Obama’s depradations against TX and this entire nation.
One way, make no mistake, is for Rick Perry to dethrone King Obama at the ballot box. And for the Repubs to take the Senate.
In the meantime, we will make the EPA’s life miserable just like we are the HHS’s life miserable in their attempts to impose Obamacare.
Why step over a line into uncharted territory and start right now arresting the Feds? Not necessary.
There is both common law and statutory law that supposedly restricts what agencies can do without congressional approval, but the courts have been letting them get away with just about anything. I hope there are some judges with spines out there that start enforcing the law and the Constitution.
He thinks he is the king and therefor does not need approval of Congress.
Compassionate and following the law ,Does NOT work with these Federal Criminals.
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