Aug 04 2010

Texas declares War on the EPA

Published by at 6:13 pm under All General Discussions

And that is no overstatement  – I *strongly* recommend you go to this link and read this official response from Bryan Shaw, head of the TCEQ  (the State regulatory body) and Greg Abbott, the Texas Attorney General, to Lisa Jackson and the EPA.

I have *never* read an official government document that is this bitter and contemptuous of the Federal level – I never thought I would!   This is damn close to a new Declaration of Independance.

I’ll reprint a few excerpts, because William Travis himself would be proud of these words:

“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 United States law.”

“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.

The letter contains a number of very well reasoned legal points detailing why the EPA’s order to Texas is in violation of current law, including:

Instead of acknowledging that congressionally set emission limits preclude the regulation of greenhouse gases, you instead re-write those statutorily-established limits.”

 But they save their best shots for the end:

Each of these objections to EPA’s demand for a Loyalty Oath from the State of Texas would suffice to justify our refusal to make one.  Indeed, it is an affront to congressionally-established judicial review process for EPA to force states to pledge allegiance to its rules (or forfeit their right to permit) on the final day by which states must exercise their statutory right to challenge those same rules.  Texas will not facilitate EPA’s apparent attempt to thwart these established procedures and ignore the law….   Those objections will now be resolved in litigation now pending in the D.C. Circuit Court of Appeals. 

William Yeatman has a good, brief rundown of the environmental law at issue here and what the EPA is trying to do here:

In a nutshell, the administration wants to pick and choose which sections of the Clean Air Act apply to greenhouse gases, but that’s not how the legislation works. In fact, the Clean Air Act is written such that one provision tripwires another, which tripwires another, and so on and so forth, until the whole Act applies. When the Congress created this of belt-and-suspenders approach to regulation, in the 1970s, it was trying to limit particulate pollution that causes smog. Greenhouse gases, however, are emitted in much greater quantities than particulate pollution. As a result, the Clean Air Act, if applied literally to greenhouse gases, would result in the regulation of every mansion, apartment building, and office complex.That is, it would be a regulatory nightmare. To avoid having to regulate the entire economy, the EPA wants to rewrite the Clean Air Act. Of course, this is legally dubious–the executive is not allowed to play the roll of the legislature.

This administration has been using the EPA as a threat to try and scare the Senate into voting for job killing climate legislation; however, that effort has now failed and they are left with trying to use the EPA to make good on their threats.   This is the opening salvo in that war.   I believe the dems have vastly overestimated the ability of the EPA to achieve their ends, because the biggest problem is that *everything* the EPA does is going to reduce manufacturing jobs in the affected areas! Imagine how it will play for the Feds to be actively killing jobs while unemployment is still near 10%!!!

The new Congress is not going to be nearly as sympathetic to Ms. Jackson’s efforts as this one has been, and they will have  a very effective tool – they don’t need to pass anything that could get vetoed, they just need to slash funding for the EPA by 75% and see how long it takes to get their attention. A Republican house may not be strong enough to dictate specific policy changes, but in a deficit obsessed, budget cutting world they can play hell with the EPA’s day to day operations.

I think we’re about to see a 2 year long civil war in which various parts of the government do everything they can to sabotage and undermine other parts, depending on who controls the respective power centers.   Some would say that’s been going on for some time already, but those have just been skirmishes – this conflict is about to break wide open.    Lord help us all, we’re in for one hell of a mess.

37 responses so far

37 Responses to “Texas declares War on the EPA”

  1. del says:

    Excellent article and comments. In all of my 71 years, I have never seen so much friction between the Federal government and State governments. It is a sad commentary to the current regime in Washington that their policies have stirred up so many hornets nests. But it will come back to bite them in November. It appears rational has been replaced by desperate, but when you start with policies based on false pretenses all the rationality in the world won’t make them right.

  2. crosspatch says:

    “But my second but more importantly thought was how will the mainstream media treat the Republican majority.”

    It isn’t going to matter. In a short period of time, the influence of the “mainstream media” will be so little that it won’t matter what they say. The number of people getting their news from those sources is in decline. The number of people who actually believe what those people say even if they listen is declining even faster.

    The former “main stream media” is on its last legs.

  3. Frogg1 says:

    “No Distribution Shall Be Made to the State of Texas”


    If I hadn’t already mentioned this before, this may come as a shock to some of you – but yesterday, the United States Senate actually voted to single out Texas to send a message that it better get in line.

    You see, the Governor of Texas had the audacity to tell Washington, “no.” No to education funding that came with Washington strings and that would cost Texans more in the long run. No to unemployment insurance funding that would have come with similar strings and cost. And recently, along with other Texas state officials, no to federal government interference with traditional state authority to regulate oil and gas exploration.

  4. Frogg1 says:

    Dem strategy seems to be to try to tie Republicans to the Tea Party.

    Democrats pressure GOP on Tea Party Caucus

    Democrats began a push Thursday to press Republican congressmen and candidates to say whether or not they will join the newly-formed House Tea Party Caucus.

    The effort, headed by the Democratic National Committee (DNC), is a follow-up to their effort last week tying Republican candidates to the Tea Party movement, which they say is too extreme and out of touch with the goals of mainstream Americans. Last week, the Democrats launched a “Tea Party Contract with America,” riffing off the 1994 document put out by Republicans that helped them win back the House.

    “Our release spells put just what the Tea Party agenda will mean for voters in that state including well-know planks of the Tea Party Contract like repealing social security and Medicare, reversing critical reforms to Wall Street and our health insurance system, extending tax breaks for the wealthy and big oil and taking us back to the same failed economic policies championed by George Bush and Dick Cheney,” DNC spokeswoman Brandi Hoffine said in a statement.

  5. Frogg1 says:

    The other part of the Dem strategy will be this August surprise:

    Is Obama about to forgive billions in mortgage principal?

    James Pethokoukis hears rumors of an August surprise coming from the White House, one that will attempt to win backs the hearts and minds of voters dismayed at the failing economic policies of the Obama administration. With the government fully in control of Fannie Mae and Freddie Mac, Barack Obama may issue an order to forgive portions of underwater mortgages processed through the GSEs, where negative equity approaches $800 billion overall.

  6. Frogg1 says:

    Speaking of the Tea Party (change of topic)….don’t miss these:

    Reporters vs. Conservative Black Leaders at Press Conference 8 4 2010

    Black members of tea party dispute racist claims

    Partial video of the black tea party members press conference can be found here:

  7. cleanwater says:

    The Obama Master plan has nothing to do with winning elections- after the Dems loss control of both house of congress but before 2012 elections there will be a world wide catastrophe as the invasion of Iran or North Korea which is being planned by Hillary Clinton. Then Obama will declare a state of emergency, declare marshal law, suspend the 2012 elections and declare himself Czar of the United States with all civil rights suspended. This works in with Hillarys Banning of all guns and the set up of the Obama “Brown Shirts of Illegal Immigrants.
    The fact that CO2 does not cause global warming is just a divergent to keep people from seeing the “Big Picture”

  8. Where is the Republican National Commitee on this?

    It seems like every time someone (Sarah Palin, the Tea Party, Arizona Governor Jan Brewer) stands up to this administration on anything, the GOP leadership all run for cover.

    Is there ANYONE high up in that “leadership” that understands that we are actually in a WAR with this administration? The administration damn sure understands.

  9. daniel ortega says:

    Y’all will want to read Ted Nugent on

    No excuses:

    “It Is Us” – By Ted Nugent
    August 4th, 2010 Posted By Pat Dollard.


    Ted Nugent in the Washington Times:

    Barack Hussein Obama did not sneak into power. An army of clueless, disconnected, ignorant Americans invited him to bring his Marxist, glaringly anti-American jihad into our lives. This president’s overtly destructive, clear-and-present-danger agenda is surpassed in transparency only by his ultra-leftist public voting record and overall lifetime conduct of consorting with the enemy as a child and student of Marxism, socialist and racist community organizer, congregant of the blatant America-hating black-theology- and social-justice-spewing Rev. Jeremiah Wright and close personal friend of convicted communist terrorists like Bill Ayers, and by his unflinching appointment of an array of communist czars, including Van Jones, Cass Sunstein, Anita Dunne, et al. So let me get this straight: You claim your intentions were noble because you simply wanted to get your child a puppy but somehow didn’t notice that it was foaming at the mouth, and now you’re shocked that your child has rabies? I think not. That is not a mistake. It is negligence — dangerous, life threatening and, I am convinced, downright criminal negligence.

    And the price for such negligence is catastrophic, don’t you know.

    But it gets worse. For, you see, the blame doesn’t fall just on the obvious stupidity of our friends and families who voted for this corrupt, death-wish government in whose stranglehold we find ourselves. Ultimately, it is our fault. It is the failure of those of us who know better but have failed miserably to educate our own. Living our lives with a captive audience of family, friends, co-workers, socialites, fellow worshippers at church and other parents at school — everyone in our everyday walks of life — far too many of us have allowed uneducated, history-devoid, denial-riddled, fantasy-driven, anti-gun and anti-hunting, anti-capitalism general ignoramuses to remain so and run amok, when by all thoughtful considerations, it was our duty to educate and upgrade everyone in our lives to truth, logic and the American way.

    It is the terminal curse of apathy and disconnect that got us into this shameless mess we find America in today, and in all honesty, we have no one to blame but ourselves.

    We all saw it coming, but political correctness caused most of us to clam up in the ridiculous mindset that it was more important to avoid hurting feelings than to stand up for what we knew in our hearts was being trampled underfoot. Sadly, America has become a nation of ultra-thin-skinned, whining little girls, afraid of our own shadows and so cowardly as to back away from the simple solution of speaking the truth when we know we are supposed to do so.

    I have been damned as being a radical extremist my entire adult life for simply standing up and relentlessly promoting and celebrating self-evident truth, logic and common sense. The devil brigade acting upon the Saul Alinsky deception playbook has made its mark by lying, cheating and attacking with the very hate that it accuses everybody else of harboring. With an overall complicit media to bullhorn the brigade’s agenda, a nation of sheep has taken the pill and swallowed it whole.

    Welcome to the new fat, soft, cowardly nation of wimps with the perfectly corrupt president and pack of soulless hounds in government that they deserve.

    Look at Harry Reid. Charlie Rangel. Listen to Nancy Pelosi. What kind of idiots do they represent? A huge army of idiots who wish to do nothing for their country, but whine for their government to do everything for them. Welcome to France, ladies and gentlemen, only worse.

    There always have been bad, ignorant people in the world. But in the United States of America, land of the free and home of the brave, the epicenter of rugged individualism founded on the premise of live free or die, where the powerful DNA of defiance got us where we are as the last, best place on Earth, the ultimate violation is that so many hardworking, truly entrepreneurial, independent Americans backed down and failed to stand up when we saw the wimps squawking about all the wrong stuff.

    Everything from the New Deal and Great Society on has been a dismal and grossly counterproductive failure, yet we continue to allow corrupt bureaucrats to keep jamming more of the same down our throats with barely a whimper of resistance. How pathetic. How lame. How un-American.

    The Tea Party is a better-late-than-never step in the right direction back to the glorious “we the people” experiment in self-government, but as far as I’m concerned, we haven’t begun to turn up the heat nearly enough quite yet.

    Each and every conservative and liberal American who knows that we cannot spend and tax our way out of debt, who knows that an exit strategy instead of a victory strategy is the same as surrender, who knows Fedzilla is criminal in its refusal to be accountable with our hard-earned tax dollars being blowtorched with unprecedented and insane wastefulness, that a federal government suing Arizona for simply implementing constitutional law is treasonous, and who fails to communicate this with everyone we know is actually complicit with this bizarre, fundamental transformation of the greatest country in the history of humankind.

    What in God’s good name are we thinking? How much more of this can we possibly put up with? Will we show true American fortitude to stop the beast at the voting booths in November and in every election in the future to make sure no more communists, no more Marxists, no more anti-American redistributors of wealth are allowed in positions of power ever again? Can we outvote the pimps, whores and welfare brats? Will we be smart enough to put every politician to the Pelosi-Obama litmus test? We will be smart enough never to let a Mao Zedong fan club in the White House ever again?

    Will we have learned our lesson that we the people have a daily, moral responsibility to be suspicious of everyone in government and the media and watchdog them properly from now on? Will we finally never forget? Will we finally say never again and mean it?

    Will we finally use the incredible freedoms as provided by the sacrifices of our amazing warrior heroes of the U.S. military to be sure this insanity can never happen again? Can we show at least that basic respect for the privilege of being American and how we got here?

    It is not them, it is us. Pogo was right.

  10. Bruce A says:

    Good luck TX!

  11. […] Texas And EPA By Rick Schroeder So the environmentalists’ propaganda agency (EPA) is trying to back door into a global warming scam and the Great State of Texas told them to pack it, in no uncertain terms. See the letter here. I found this on a blog called “The Strata-Sphere. The post is great, see it here. […]

  12. Bruce A says:

    Mr. Ortega,

    I think in France, outside of Paris, they would not put up with the things you describe. The situation there is not unlike the USA. People in the countryside seem to have more sense.

  13. Fai Mao says:

    The primary reason that regimes act irrationally is that irrationality has its own logic, which is internally consistent. They can’t see how strange they are because in their world view what they are doing is what everyone who is reasonable, everyone who knows the truth or perhaps “The Truth” would or should do. The demonrats are acting the way they do not because they want to act irrationally but because in their world view, that is what a reasonable person would do. They are true believers. It makes them very, difficult to argue with because facts don’t matter because they view everything through the Gestalt of their internal logic.

    This is why I believe that the opposite of the irrational is not reason but force. Force does not always mean violence but it does mean doing things that challenge the world view of the demonrats.

  14. cleanwater says:

    The first thing Texas should do is supena the EPA to provide experimental data proving that the greenhouse gas effect exist! They can not produce such data. The next thing to do is to get introduced as evidence the EPA report of Alan Carlin that shows that there is no evidence that the “greenhouse gas effect ” exists. Then Lisa Jackson should be arrested for fraund. List of references:
    The paper “Falsification of the Atmospheric CO2 greenhouse effect within the frame of physics” by Gerhard Gerlich and Ralf D. Tscheuschner is an in-depth examination of the subject. Version 4 2009
    Electronic version of an article published as International Journal of Modern Physics
    B, Vol. 23, No. 3 (2009) 275{364 , DOI No: 10.1142/S021797920904984X, c World
    Scientific Publishing Company,
    Report of Alan Carlin of US-EPA March, 2009 that shows that CO2 does not cause global warming.

    Greenhouse Gas Hypothesis Violates Fundamentals of Physics” by Dipl-Ing Heinz Thieme This work has about 10 or 12 link
    that support the truth that the greenhouse gas effect is a hoax.
    from the London, Edinborough and Dublin Philosophical Magazine , 1909, vol 17, p319-320. Cambridge UL shelf mark p340.1.c.95, i
    The Hidden Flaw in Greenhouse Theory
    By Alan Siddons
    from: at March 01, 2010 – 09:10:34 AM CST

    The below information was a foot note in the IPCC 4 edition. It is obvious that there was no evidence to prove that the ghg effect exists.

    “In the 1860s, physicist John Tyndall recognized the Earth’s natural greenhouse effect and suggested that slight changes in the atmospheric composition could bring about climatic variations. In 1896, a seminal paper by Swedish scientist Svante Arrhenius first speculated that changes in the levels of carbon dioxide in the atmosphere could substantially alter the surface temperature through the greenhouse effect.”

    After 1909 when R.W.Wood proved that the understanding of the greenhouse effect was in error and the ghg effect does not exist. After Niels Bohr published his work and receive a Nobel Prize in Physics in 1922. The fantasy of the greenhouse gas effect should have died in 1909 and 1922. Since then it has been shown by several physicists that the concept is a Violation of the Second Law of Thermodynamics.

    Obviously the politicians don’t give a dam that they are lying. It fits in with what they do every hour of every day .Especially the current pretend president.
    Paraphrasing Albert Einstein after the Publishing of “The Theory of Relativity” –one fact out does 1 million “scientist, 10 billion politicians and 20 billion environmental whachos-that don’t know what” The Second Law of thermodynamics” is.

    University of Pennsylvania Law School
    A Joint Research Center of the Law School, the Wharton School,
    and the Department of Economics in the School of Arts and Sciences
    at the University of Pennsylvania
    Global Warming Advocacy Science: a Cross Examination
    Jason Scott Johnston
    May 2010
    This paper can be downloaded without charge from the
    Social Science Research Network Electronic Paper Collection:
    Web- site references: Ponder the Maunder
    many others are available.
    The bottom line is that the facts show that the greenhouse gas effect is a fairy-tale and that Man-made global warming is the World larges Scam!!!The IPCC and Al Gore should be charged under the US Anti-racketeering act and when convicted – they should spend the rest of their lives in jail for the Crimes they have committed against Humanity.
    The only thing more dangerous than ignorance is arrogance.”
    —Albert Einstein

  15. Fai Mao,

    There is much more to it that that.

    You should go read this article:

    August 25, 2007

    The Return of the Old Gods: A Challenge to Green Evangelicals
    By Timothy Birdnow

    According to Historian Dr. James Hitchcock in The Secularization of the West,
    “Probably no more than about a tenth of Europe’s population was seriously affected by Enlightenment ideas in the eighteenth century. (Indeed, Voltaire tried to keep those ideas from the masses. He thought they were not ready for them.) But, among the educated classes they were highly influential. By about 1770, it was fashionable to scoff at organized religion and its teachings.
    Although the intellectuals of the time portrayed the churches as reactionary enemies of progress, those churches offered surprisingly feeble resistance to the Enlightenment onslaught.
    In England, except for a few groups like the Methodists, religion slumbered and was content with mere formal adherence. Of this situation Voltaire heartily approved. At one point he raised a storm by claiming that the Calvinist clergy of Geneva secretly agreed with him. In Catholic France the higher clergy were particularly worldly. Many of them viewed the church mainly as a career, and not a few were eager to embrace Enlightenment ideas, no matter how destructive of Christianity. It was not the last time secularism triumphed by the passivity and even active cooperation of the supposed guardians of the faith.”
    Violent passions and hatred, indeed! What the anti-Christian Enlightenment thinkers did was sever human moral restraints from human passions, opening the door to the Beast of the primitive mind — the fruits of Original Sin. Primitivism led to butchery in France, in Russia, in Germany. It caused the slaughter of millions by Hitler (who, along with Rudolf Hess and other Nazis was a member of the occultic Thule Society), by Stalin, by Pol Pot. This butchery was the blood sacrifice demanded by the nature gods that Western secularism had called forth.
    With the triumph of the Primitivists on the one hand, and the rise of Secular Humanists on the other, the traditional restraints of Christianity were removed, leaving a vacuum for the old gods to seize. They did not waste any time.
    and this David Brooks Column:

    Cult of Death (David Brooks, NYT)
    We’ve been forced to witness the massacre of innocents. In New York, Madrid, Moscow, Tel Aviv, Baghdad and Bali, we have seen thousands of people destroyed while going about the daily activities of life.
    We’ve been forced to endure the massacre of children. Whether it’s teenagers outside an Israeli disco or students in Beslan, Russia, we’ve seen kids singled out as special targets.
    We should by now have become used to the death cult that is thriving at the fringes of the Muslim world. This is the cult of people who are proud to declare, “You love life, but we love death.” This is the cult that sent waves of defenseless children to be mowed down on the battlefields of the Iran-Iraq war, that trains kindergartners to become bombs, that fetishizes death, that sends people off joyfully to commit mass murder.
    This cult attaches itself to a political cause but parasitically strangles it. The death cult has strangled the dream of a Palestinian state. The suicide bombers have not brought peace to Palestine; they’ve brought reprisals. The car bombers are not pushing the U.S. out of Iraq; they’re forcing us to stay longer. The death cult is now strangling the Chechen cause, and will bring not independence but blood.
    But that’s the idea. Because the death cult is not really about the cause it purports to serve. It’s about the sheer pleasure of killing and dying. It’s about massacring people while in a state of spiritual loftiness. It’s about experiencing the total freedom of barbarism – freedom even from human nature, which says, Love children, and Love life. It’s about the joy of sadism and suicide.
    We should be used to this pathological mass movement by now. We should be able to talk about such things. Yet when you look at the Western reaction to the Beslan massacres, you see people quick to divert their attention away from the core horror of this act, as if to say: We don’t want to stare into this abyss. We don’t want to acknowledge those parts of human nature that were on display in Beslan. Something here, if thought about too deeply, undermines the categories we use to live our lives, undermines our faith in the essential goodness of human beings.

    Whatever horrors the Russians have perpetrated upon the Chechens, whatever their ineptitude in responding to the attack, the essential nature of this act was in the act itself. It was the fact that a team of human beings could go into a school, live with hundreds of children for a few days, look them in the eyes and hear their cries, and then blow them up.
    Dissertations will be written about the euphemisms the media used to describe these murderers. They were called “separatists” and “hostage-takers.” Three years after Sept. 11, many are still apparently unable to talk about this evil. They still try to rationalize terror. What drives the terrorists to do this? What are they trying to achieve? They’re still victims of the delusion that Paul Berman diagnosed after Sept. 11: “It was the belief that, in the modern world, even the enemies of reason cannot be the enemies of reason. Even the unreasonable must be, in some fashion, reasonable.”
    This death cult has no reason and is beyond negotiation. This is what makes it so frightening. This is what causes so many to engage in a sort of mental diversion. They don’t want to confront this horror. So they rush off in search of more comprehensible things to hate. (David Brooks, NYT, Sept. 7, 2004)
    What is common with both is the exultation in blood and death extremism as a means of gaining in-group power.

    The world views of Nazis, Human Secular Leftists like the Soviet Communists, the Tamil Tigers of the LTTE and the Islamists at Beslan are all radically different.

    Yet they all went down the path of increasingly bloody, ego/power driven, irrational behavior.

    The common thread is that all their world views had no real moral constraints beyond their immediate personal power.

    The ultimate stop for irrational regimes run by people with no moral constraints in their cultural world view are cults of personality/religion that must be fed with blood.

    The problem for the current irrational regime in charge of the Federal Government is that America is the most Christian western nation on the Planet.

    And most of those Christians are very rational voters, who are voting their pocket books.

  16. […] EPA broke a cardinal rule and messed with Texas.  Uh oh. Best letter […]

  17. […] AJ Strata notes this: This administration has been using the EPA as a threat to try and scare the Senate into voting for job killing climate legislation; however, that effort has now failed and they are left with trying to use the EPA to make good on their threats. This is the opening salvo in that war. I believe the dems have vastly overestimated the ability of the EPA to achieve their ends, because the biggest problem is that *everything* the EPA does is going to reduce manufacturing jobs in the affected areas! Imagine how it will play for the Feds to be actively killing jobs while unemployment is still near 10%!!! […]