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 Obama’s 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 government’s repeated attempts to micromanage, manhandle and mismanage almost every aspect of the citizens’ personal and professional lives.
“The Texas Attorney General’s 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 won’t 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 AG’s 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 EPA’s 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 general’s 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 Perry’s in, git used to hearin’ it.
Yeeeeeeee - - - HAAAAH !
FINALLY State officials are taking Emeritus First Lady Nancy Reagan’s advice : JUST SAY NO.
Now if we could just get a few States to sue the obamcons for ramming through obamatrauma”care” as it clearly destroys competition among insurance companies.
Saw yesterday that 10 % of US insurance companies will get out of the market when obamatrauma”care” kicks in.
Yes indeedy, obamatrauma”care” clearly violated the 1890 Sherman Anti-Trust Act on the basis of competition, interstate commerce, and non-competitive ( read fixed ) pricing.
No sense bothering with lawsuits involving the US Constitution, as it is a “Living Document” which means that it can be easily be re-interpreted (read re-written ) anytime a new lib gets appointed to THE NINE SUPREMES. ( Really easy to do these days ).
The only way to force the obaminators, obamacons and other supporters of Professor You Lie is to use a law that has some dust on it, and use that Federal law against them.
Up till now few have the brass ones to do it!
Thanks for the advice, Nancy!
The stars at night
Are big and bright
(EVERYBODY stand, and clap AND stomp real fast three times)
Deep in the Heart of ( real loud shout now )
TEXAS!
Compassionate?
Who even mentioned being compassionate? I didn’t.
Depends on what you mean by “work”. If you mean the court approach and meanwhile throwing every conceivable monkey wrench into their federal juggernaut doesn’t stop them from trying to hurt us, you’re right.
If you mean we won’t be able to stop this in the end, watch and see. We will.
In your mind they are federal criminals. That’s not how the law is formed at this stage of the battle. The law at this stage has not made that determination.
We’re not wild west. If you assume so, or assume we should be when we’re not, you’ll be disappointed. But neither do we roll over to the Feds.
In the end, we will win. Because we come from people and beliefs that will stand up. We will not lie down and let our rights and freedoms be rolled over by a federal juggernaut.
The tactics are of our choosing. They aren’t chosen to satisfy your longing to see Texas arrest federal employees. But they will bring results and if they don’t we will take other steps until they do.
I wish all Red States would tell the feds to stick it...and ignore their over reaching regulations.
Who even mentioned being compassionate? I didn’t.
Depends on what you mean by “work”. If you mean the court approach and meanwhile throwing every conceivable monkey wrench into their federal juggernaut doesn’t stop them from trying to hurt us, you’re right.
If you mean we won’t be able to stop this in the end, watch and see. We will.
In your mind they are federal criminals. That’s not how the law is formed at this stage of the battle. The law at this stage has not made that determination. We’re not wild west. If you assume so, or assume we should be when we’re not, you’ll be disappointed. But neither do we roll over to the Feds.
In the end, we will win. Because we come from people and beliefs that will stand up. We will not lie down and let our rights and freedoms be rolled over by a federal juggernaut.
The tactics are of our choosing. They aren’t chosen to satisfy your longing to see Texas arrest federal employees. But they will bring results and if they don’t we will take other steps until they do.
You are trying to be nice to Punks and an Illegal agency,it will not work!
I understand that they are also seeking to rein in the EPA...
Ping.
If you haven't already done so, check out the complete speech at the link. It's a little bit of a throwback to a time when democrats weren't all foaming at the mouth, America hating, traitor loving, wellfare staters.
Heck - Some were even patriots and strong on defense.
We have a saying in Texas...”F__k with the bull, you get the horn”.. When America welcomes Rick Perry as their next President there will be lots of Washington so called power brokers understand that saying! If I was an EPA puke in the DC area...I think I would put my house up for sale...because there is going to be a RE glut of available housing.... I’m thinking Washington has outlived it’s usefulness as the Capital. How about the center of the US... Kansas City would be a great place to relocate out nations business..keep DC as a reverend place for our monuments....and the so called MSM...can relocate to North Dakota....where men are men and sheep are scared. NOW THAT’S A PLAN THAT MAKES SENSE....
You have rejected "following the law".... so I guess you support using any lawless means you deem necessary?
I think everyone knows by now that the Obama administration is attempting to destroy the oil industry and Texas economy. The EPA is still trying to shut down oil exploration in Texas by putting the dunes sagebrush lizard and lesser prairie chicken on the endangered species list.
“Compassionate and following the law ,Does NOT work with these Federal Criminals.
You have rejected “following the law”.... so I guess you support using any lawless means you deem necessary?”
Learn to read! And Cut the half baked lefty crap, I said Arrest the criminals!
FINALLY!!!!
But here's the kicker;
The EPA demanded a full study to determine what would be the cost to the community to implement this crap.
So the Town Engineers did a full study and came up with a figure.
Oh nooooo...says the EPA. The study must be done by an impartial outside firm...at the town's cost.
No option, right? So the town shells out the $300,000 for the study and lo and behold when all is said and done...the outside firm of Mental Midgets, Inc. comes up with the nearly exact same figure as our Town Engineer came up with.
The town attorney will also be suing the EPA for the $300,000.
***Perry v. Obama, looks like a grudge match.***
Which is why Perry will beat the tar outa Bozo. IMO.
Ping.
Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.
If you want on or off the ping list just say the word.
Tenth Amendment Chronicles Thread
Tenth Amendment Center
Firearms Freedom Act
Health Care Nullification
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It’s about dang time.
Yes indeed! Maybe past time, eh???
The thing that chaps my buns is that, IMHO, Texas is still making nice with this administration. I understand discretion is the better part of valor but still in all I want my state to tell jug ears' EPA to put it where the sun don't shine. Next thing you know the interior dept will try to put some lizard or frog or trash fish on the endangered species list in West Texas to shut down drilling operations. Oh wait...
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