Texas fights to stop the EPA’s global warming “power grab”
A recent Supreme Court decision has determined that greenhouse gasses
are dangerous and because of this they are subject to regulation under the Clean Air Act. With the Senate unable to agree upon a cap and trade bill in the last session the EPA has begun rewriting the Clean Air Act to regulate greenhouse gasses. This is Barack Obama’s “Plan B” to implement cap and trade legislation.
This is nothing more than an attempt by the EPA and the Obama regime to pass a cap and trade bill without ever having the legislation voted on and passed by the Congress. In other words, they are preparing to implement law by dictate.
There is only one problem with the EPA rewriting the Clean Air Act–it is illegal. They do not have the authority to do so, but yet they are moving forward, and much like Barack Obama himself, the EPA does not care what the law is and they do not care what the American people want. They are going to do whatever the hell they want to because–again like Barack Obama–they feel that they know what is best for us. And to them this notion that we are subservient to their whims based on their assertion that we just don’t understand that what they are trying to do is for our own good trumps legal procedure for carrying out their radical agenda.
There is a procedure in place–which the EPA is apparently ignoring–for rewriting this law and that procedure requires that EVERY state with a State Implementation Plan has to agree to the rewritten law.
the EPA needs every state with a State Implementation Plan to rewrite all of its statutory thresholds as well
One state that has such a plan in place is Texas, and Texas has no plan to agree with the changes that the EPA is trying to implement to the Clean Air Act.
Texas authorities see this move for exactly what it is:
Texas Attorney General Greg Abbott and Texas Commission on Environmental Quality Chairman Bryan W. Shaw saw the tailoring rule for what it really is: a massive power grab and centralization of authority. They are fighting back, writing to the EPA:
“In order to deter challenges to your plan for centralized control of industrial development through the issuance of permits for greenhouse gases, you have called upon each state to declare its allegiance to the Environmental Protection Agency’s recently enacted greenhouse gas regulations – regulations that are plainly contrary to U.S. laws. … To encourage acquiescence with your unsupported findings you threaten to usurp state enforcement authority and to federalize the permitting program of any state that fails to pledge their fealty to the Environmental Protection Agency. On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring or amending its laws in order to compel the permitting of greenhouse gas emissions.”
This statement alone–if Texas remains firm in her beliefs–should be enough to stop the EPA from implementing the regulation of greenhouse gasses, but the EPA seems determined to move forward regardless of Texas’ position and regardless of the law.
This move by the EPA with Barack Obama’s blessing is nothing more than an end around to bypass the constitution, and an attempt to decree upon the American people a lifestyle change that is beyond comprehension. Barack Obama does not have the votes needed to legally follow the process set out many years ago by the founders as written in the constitution, so instead of admitting defeat he is doubling down with the intent to rule as dictator on this issue.
With Arizona we have already seen what happens to a state when they do something with which the president disagrees, the federal government sues them. Could Texas be next on Barack Obama’s hit list? I would guess that it is very likely that once the EPA implements their own version of cap and trade the federal government will step in and demand that Texas changes her position and subjugate herself to the whims of an over-reaching federal government. If Texas fails to fall in line I am sure that the federal government will find some contrived reason to bring Texas to court–probably under the same jurisdiction argument they are making against Arizona–to force Texas to adhere to a law that would have been illegally implemented in the first place. States still do have some rights, but for how much longer?
Alone Texas has the power to stop this usurpation of power, but she will face immense pressure and coercion to fall in line with the federal government. But there is strength in numbers and if all or some of the other states that also have a State Implementation Plan were to take a stand and side with Texas it would make the task more difficult.
We know one thing for certain; Barack Obama is tenacious and he will not stop until he gets what he wants–and he wants cap and trade legislation. And he will get it come hell of high water if we let him.
Texas is taking a stand and I can only hope that other states will follow suit. Our constitutional Republic may rely on this one final stand. If Texas fails in this attempt and Barack Obama is able to implement cap and trade by declaration, there is nothing that Barack Obama won’t be able to thrust upon the American people without bothering to use the proper procedure for implementing law as guaranteed under the constitution.
After cap and trade what will be next?

I hope Texas stands her ground and tells the federal government where to get off this train. This will lead to a court challenge, no doubt. I just hope their stand doesn’t get crippled like that of Arizona.
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I have a feeling that Texas has a better case for them than did Arizona, that won’t stop the federal government from trying and we all know that anything can happen in court.
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Personally, I wish we’d stand apart from all this mess that is America… A few years ago I would have slapped ANYONE that even mentioned secession, today, I am a supporter…
We get a few things wrong here in Texas, but we get a lot more RIGHT, and the USA needs Texas a lot more than Texas needs the USA…
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You may have a few issues in Texas, but nothing compared to some of the issues many other states have. 🙂 Texas is sounding like a pretty good state to move to.
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I have said this many times that the EPA is out of control and congress needs to do something about it. I’m not banking on it, so if they refuse rein them in then states must stand together and push back. It is clear that this administration has zero respect for the constitution or the law of the rule of law.
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Maybe if we win back the House we can begin the process, but it won’t be until Obama is gone that we will be able to get anything passed, that leaves it up to the states once again. Hopefully enough of them will fight against this usurpation.
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We’re going to see all kinds of coercion here. I think there will be threats of funding cuts, just for starters. You pointed out all to well that Obama wants this, and there will be all sorts of nasty stuff headed their way, and especially to the politicians that make a stand.
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How can a date that is getting closer (1-20-13) seem to be getting farther and farther away? Please,everyone! Make all of our votes count on 11/2!!!!!
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If we can win in November 2012 will seem a long way off to Obama, let us make that happen!
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