Courts blocks EPA from Texas takeover

December 31, 2010

From Bloomberg:

A federal appeals court temporarily blocked the U.S. Environmental Protection Agency from taking control of Texas’s carbon-emission rules while it considers the state’s bid to fend off federal intervention.

Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didn’t give adequate notice or allow for comments on a proposed federal takeover of the state’s air permitting program on Jan. 2. Last night, the court ordered the agency to hold off on its plan while the court considers whether to delay the move until the case is resolved.

The appeals court ordered the EPA to respond to Texas’s motion by Jan. 6. Challenges to federal rules are brought directly to appeals courts.

Because Texas had not adopted a plan for implementing the EPA’s climate rules, the EPA was all set to take charge of greenhouse gas permitting in Texas starting Jan 2. This takeover has been blocked at least temporarily. So for the time being, emissions will not be regulated in Texas. The rest of the country, however, is screwed.

6 Responses to “Courts blocks EPA from Texas takeover”


  1. [...] “The rest of the country, however, is screwed”… December 31, 2010 tags: appeals, blocks, courts, federal, takeover by rightbill Amplify’d from greenhellblog.com [...]

  2. ronkilmartin Says:

    Yay Texas! If the court does not nullify the EPA diktat, and Congress continues to sit on its hands, Texas should nullify it itself, citing the precedent of the 1798 Virginia and Kenducky Resolutions – federal courts cannot render fair judgment in a dispute between the federal government and a state, since the court is an agent of the former. Moreover, since the federal constitution derives its authority from “We the People…” and the states represent We the People, it follows through the Tenth Amendment that regulation of air quality is up to the states, not the federal government.

    And that is before we even get to the fact that the EPA finding is a mendacity based on a hoax and is a peg in the Georg Soros – Obama design for collapsing the country and creating a socialist state.

    Go Texas, Go Governor Perry!

    • vholford Says:

      Nulification as a growing response to a number of federal usurpations google nulification and get on board. Go Texas!

    • iheartagw Says:

      God bless Texas. However, I am not sure how God can remove the requirement to have a federal permit (under PSD or Title V permitting rules) to construct a new major CO2 emitting business or modify an existing major emitting business in Texas. Texas can tell EPA to go to green hell all day long. But any carbon emitting business in Texas will have to obtain a permit from EPA to make any major modification to their plants in that State. Exxon Baytown, etal, will still have to get permits from EPA for any new expansion or retrofits that will have a significant increase in CO2 emissions. This Court order is good news. But Lisa Jackson is rolling on the floor laughing.

  3. welder4 Says:

    We have a glimmer of hope with thenew congress but the senate would maybe stop anything they do. It was insanity to leave the senate for the democrats. The voters still are not getting what is happening to their beloved country and the democrats are behind the socialism and the communism. one item not related to this post is when I log in it takes me to my personal page at world press and I have but one way to get back to Green hell blog it does not place me where I can post but I have to go back and re log into green hell with out closing the browser. >? just wondered what was happening with that ?


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