EPA, Texas go to war over carbon-emission rules

posted at 2:00 pm on December 27, 2010 by Ed Morrissey

And so it begins, and on the most fertile red-state territory in the nation.  Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions.  Governor Rick Perry promises a fight:

The federal Environmental Protection Agency on Thursday effectively declared Texas unfit to regulate its owngreenhouse gas emissions and took over carbon dioxide permitting of any new or expanding industrial facilities starting Jan. 2.

The EPA also set up a framework for regulating greenhouse gas emissions in seven other states: Arizona, Arkansas, Florida, Idaho, Kansas, Oregon and Wyoming. In addition, the agency set a timetable on establishing regulated levels of greenhouse gas emissions.

The action will give the EPA permitting authority over refineries, power plants and cement facilities in Texas, the agency said, but will not affect small pollution source facilities, such as restaurants and farms.

Well, perhaps not directly, but the increase in energy prices and shortages created by the EPA imposition of what will essentially be carbon taxes will impact businesses throughout the Texas economy, as well as consumers who ultimately pay the costs of the regulatory regime. Rick Perry has signaled a court fight to stop the EPA and the Obama administration:

Texas is the only state that has refused to implement the new rules. President Barack Obama is pressing ahead with the regulations after Congress failed to pass legislation capping carbon emissions. Perry, a Republican, calls the rules overreaching by the federal government that will cripple his state’s economy.

“The EPA’s misguided plan paints a huge target on the backs of Texas agriculture and energy producers by implementing unnecessary, burdensome mandates on our state’s energy sector, threatening hundreds of thousands of Texas jobs and imposing increased living costs on Texas families,” Katherine Cesinger, a Perry spokeswoman, said in an e-mailed statement.

The timing is certainly interesting. The EPA made this move two days before Christmas, when most people had stopped paying attention to political news. The EPA’s move thus got missed by most of the national media, even though it demonstrates well the Obama strategy in 2011 to win through regulation what it could not win through legislation. And by focusing on Texas, where Republicans have a chance to redistrict with practically no interference from Democrats, the move will certainly incentivize the GOP to limit as much as possible the representation of Democrats in their Congressional delegation as the Republican-controlled House attempts to stymie the EPA’s regulatory innovation.

This also will vault Rick Perry to the highest level of national politics, even as he continues to insist that he won’t run for President. With a third term as governor in hand and a perfect political battle opening in front of him, though, the opportunity may be too much to resist for a man who could possibly unite conservatives and the GOP for a big run against a stumbling Obama in 2012.


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hawksruleva

I’ve posted previously his sins against humanity.

Perry will run for POTUS as a fiscal conservative. That’s a given. Timing is everything, and he’ll make his announcement when most advantageous to his own campaign agenda.

The only question is, will or won’t he include Palin on his ticket. But that’s neither here nor there for the time.

maverick muse on December 27, 2010 at 4:05 PM

I am stuck here in Pa…..I need to git on to home looks like its going to be good time

Aggie95 on December 27, 2010 at 4:05 PM

…if EPA makes oil more expensive to refine in the USA, people will buy cheaper refined products from other countries, which will put the same amount of CO2 into the air. Net result: no change in worldwide CO2 emissions, American jobs lost, foreign jobs gained.

Brilliant strategery!

Steve Z on December 27, 2010 at 3:22 PM

Actually, it would mean MORE emissions. Those cheaper foreign plants have fewer regulations, so they emit more. And the added transportation would lead to more emissions, too.

But you’re right, it’s about moving money, not “saving the earth”. Like we could destroy the earth anyway. When greens say that, what they generally mean is “making the earth inhospitable for humans”. If predictions of future warming were accurate, then nature would expand greatly, in the oceans and on land.

hawksruleva on December 27, 2010 at 4:06 PM

maverick muse on December 27, 2010 at 4:01 PM

The Balinese Room was at the end of a pier at Galveston. It was wide open gambling and it took the Texas Rangers to shut it down, by land and water. It was one of the most famous spots in SE Texas, even as much as San Jacinto Monument and Battlefield.

ZZ Top made a song about it.

Kermit on December 27, 2010 at 4:06 PM

Texas shows backbone while our politicians here in California continue to destroy its economy and to snuggle up to Obama, angling for a bailout.

GaltBlvnAtty on December 27, 2010 at 4:07 PM

Texas has several other options. How about shutting down natural gas pipelines to Chicago next month. The libs could cool their jets. Do a little energy embargo.

seven on December 27, 2010 at 2:33 PM

Who run Bartertown?

phreshone on December 27, 2010 at 4:11 PM

ZZ Top made a song about it.

Kermit on December 27, 2010 at 4:06 PM

Which ZZ song is that?

Midas on December 27, 2010 at 4:13 PM

You go, Rick! Don’t mess with Tejas.

Kissmygrits on December 27, 2010 at 4:14 PM

Aggie95, a long way from home there.

Maybe you could school Ed on the “weak” Texas Governorship.

When it comes to who has clout to “do something” about Washingtonian authoritarians usurping sovereignty from the Great State of Texas, we should be paying better attention to the Lt.Gov. David Dewhurst and TX Attorney General Greg Abbott.

As per the Texas State Legislature, it meets biennially, not every year. And to date, all the Republicans since Dirty Ronnie Earle framed Tom DeLay with whole cloth judicial lynching rope haven’t balls enough to confront Democrats on political corruption or anything else.

People think that Texas is such a strong Republican outpost, not considering the state’s massive Hispanic Democrat population, nor the New Orleans refugees who never went home after Katrina, still in Houston on the dole, electing/re-electing the likes of Sheila Jackson Lee.

maverick muse on December 27, 2010 at 4:19 PM

Down at the Balinese

Kermit on December 27, 2010 at 4:21 PM

Texas has several other options. How about shutting down natural gas pipelines to Chicago next month. The libs could cool their jets. Do a little energy embargo.

seven on December 27, 2010 at 2:33 PM

Louisiana has that honor, since the most of it comes via our state. The key to trading of natural gas futures is the Henry Hub near Erath, LA. Texaco developed this location and most key natural gas pipeline hub in North America. It is now owned by Chevron.

Kermit on December 27, 2010 at 4:22 PM

ZZ Top made a song about it.

Kermit on December 27, 2010 at 4:06 PM

Which ZZ song is that?

Midas on December 27, 2010 at 4:13 PM

The song “Balinese”.
The Balinese pier was washed away in the last hurricane.

It was famous along time ago for gambling but also a list performers of the day.

It was called the Balinese but the decor was any Asian fare esp. Japanese stuff.

The owner had a bar opened in the front by the sea wall.
I used to swig beer there.

http://balineseroom.net/

esnap on December 27, 2010 at 4:25 PM

Sorry, wrong about the song title.

Balinese by ZZ Top from Fandango

Kermit on December 27, 2010 at 4:26 PM

Rick Perry is a neoconservative gifted politician who successfully campaigns on fiscal conservancy and state sovereignty, though he spends like the devil and lays tolls and fees on citizens like Texas would go out of business without the massive tax freebies to incoming industry.

That Perry holds no affinity to the US Constitution regarding the sanctity of private property and the familial relations of parents and their own biological children is already his legacy as Gov. of Texas.

That he won’t align politically with AZ to support enforcement of immigration law is a massive bone of contention, as he prefers to give lip service and a letter to Obama on the subject of Mexican crimes against Americans. He’ll say what you want to hear. He’ll act the part of a real stalwart lawman. But he’ll smear you out of existence without batting an eye if you stand your Constitutional Ground. Come hell or high water, he’s going to have his open borders with no border patrol Mexican crime wave freeway built.

maverick muse on December 27, 2010 at 4:27 PM

You guys don’t really believe the republicans in congress will seriously entertain the idea of defunding the EPA, do you? Imagine the headlines.

You are also equally deluded if you think this lawsuit (if one is ever filed) will succeed. There are plenty of leftist judges on every court in the land, there is no way such a lawsuit will ever be decided in favor of Texas. The final appeal will go against the state, I guarantee it.

This is nothing more than posturing on the part of Perry. I would hope it was more, but it simply isn’t. He knows as well as I do he has no chance against the feds.

Oh, and none of you will do anything about it either. You’ll rant and rave about it here, but that will have as much effect as begging obama to cut taxes. A complete waste of time. Those of you who can still think for yourselves know I’m right.

runawayyyy on December 27, 2010 at 4:28 PM

The Balinese Room was at the end of a pier at Galveston.

Kermit, thanks.

maverick muse on December 27, 2010 at 4:34 PM

God bless Texas!
Love my state.

carbon_footprint on December 27, 2010 at 4:36 PM

A complete waste of time.

…like voting?

If you don’t succeed, or even if you do and they still screw with you, try-try-again with the Tea Party movement, or whatever legitimacy calls itself.

Giving up is the end of the world.

maverick muse on December 27, 2010 at 4:38 PM

Expectations v. Reality Check

maverick muse on December 27, 2010 at 4:39 PM

I never said give up, I merely pointed out the futility of the proposed exercise. I also pointed out that nothing else would be done besides the futile exercise.

As for the reality check, that’s what I provided. This isn’t a game of expectations. If you actually expect the lawsuit to:

A) be filed, and
B) succeed

you’re delusional. If you expect some other outcome than I’ve outlined, please, by all means give me one shred of evidence that such a plan would have any chance at all of coming out the way we would prefer.

runawayyyy on December 27, 2010 at 4:44 PM

Oh, and none of you will do anything about it either. You’ll rant and rave about it here, but that will have as much effect as begging obama to cut taxes. A complete waste of time. Those of you who can still think for yourselves know I’m right.

runawayyyy on December 27, 2010 at 4:28 PM

You don’t think the businesses of Texas will push REALLY hard for Perry to do something? Perry might not answer to voters, but he will certainly answer to major donors.

hawksruleva on December 27, 2010 at 4:54 PM

Perry’s against it though. (He supports Arizona’s right to have it, but doesn’t think it’s right for Texas).

samuelrylander on December 27, 2010 at 3:00 PM

When he said this, he was looking at a Texas House that pretty much had to kowtow to Democrats to get anything done. That changed in November. House Democrats in Texas are irrelevant now. Perhaps his perspective will change.

I’d vote for Perry. But what would the smear merchants do to him?

hawksruleva on December 27, 2010 at 3:59 PM

He once worked for Al Gore (as a campaign manager?).

Kafir on December 27, 2010 at 4:55 PM

You don’t think the businesses of Texas will push REALLY hard for Perry to do something? Perry might not answer to voters, but he will certainly answer to major donors.

hawksruleva on December 27, 2010 at 4:54 PM

Please don’t misunderstand, I’m not suggesting that something shouldn’t be done, just that the subject of this article (the proposed lawsuit) will not succeed. Not in an American federal court.

And I’m sure Texas business will beg and plead for Perry to do something. I’m merely pointing out that there isn’t anything he can do, regardless of how many campaign contributions they stuff into his pockets. It isn’t up to him.

So the question then becomes, what will (or can) anyone else do? Whatever it is, I’m betting it won’t be done. We have not the political will to do what’s needed anymore. We will roll over and take it, even in Texas.

runawayyyy on December 27, 2010 at 5:04 PM

Let’s name a few of the potential companies which are going to be hit hard, outside of refineries, in a most direct way.

Dow Chemical
DuPont
Hoechst Celenase
BASF
Bayer
Texas Petrochemicals
Basell/Lyondell Petrochemicals
ISP
Alcoa
Firestone
Formosa
Shintech

and I’m just getting started. It is going to wallop them much more than it wallops refineries.

It is also going to hurt agribusiness chemical sector which also uses hydrocarbon based chemicals (mostly from Texas & Louisiana) to make products out of corn (which it has been doing for eons).

Kermit on December 27, 2010 at 5:14 PM

These petrochemicals are mostly based on natural gas as both a feedstock and fuel for large furnaces many which are at least 5 stories high by 200 feet long or longer.

Kermit on December 27, 2010 at 5:15 PM

Everyone talking about power plants and refineries is COMPLETELY and UTTERLY missing the mark.

Kermit on December 27, 2010 at 5:16 PM

Perry’s against it though. (He supports Arizona’s right to have it, but doesn’t think it’s right for Texas).

samuelrylander on December 27, 2010 at 3:00 PM

When he said this, he was looking at a Texas House that pretty much had to kowtow to Democrats to get anything done. That changed in November. House Democrats in Texas are irrelevant now. Perhaps his perspective will change.

Kafir on December 27, 2010 at 4:55 PM

That’s really not true. I guarantee you that Trans Texas Corridor/Toll Road Perry is very much in line with GWB in terms of immigration demagoguery.

samuelrylander on December 27, 2010 at 5:44 PM

Rick will do the talkin’ Greg Abbott and David Dewhurst will be the one’s that do the heavy lifting. Do not underestimate Greg.

Col.John Wm. Reed on December 27, 2010 at 5:49 PM

runawayyyy on December 27, 2010 at 5:04 PM

You’re very adamant in your belief that any lawsuit is doomed to fail. In fact, you’re so sure of yourself that you preempt any meaningful discussion by belittling anyone who dares to think otherwise by condescendingly calling them deluded fools unable to think for themselves.

Who exactly are you? What have you based your ‘everyone else be damned” opinion on? Are you a lawyer? Do you work for the EPA? The government?

Or are you just like the rest of us here: unhappy nobody’s made cynical and bitter by the long history of lies, deceptions, and half-truths of the crooks who call themselves our “leaders”?

Rod on December 27, 2010 at 5:52 PM

“… We are the only state growing while everybody else is failing…”
Sekhmet on December 27, 2010 at 2:25 PM

Unfortunately, we are growing with a lot of liberals moving here after they have screwed up their States…

rgranger on December 27, 2010 at 5:55 PM

Remember that Texas place.

gooddad on December 27, 2010 at 5:59 PM

Rod on December 27, 2010 at 5:52 PM

Who said “any lawsuit”? I was referring to THIS lawsuit. If you have to make up things no one said to support your argument, perhaps you should consider getting a new argument.

Now you can tell us all what makes you think THIS lawsuit would succeed. Go ahead, and make sure your argument (the new one) doesn’t sound too delusional. It would make my point if you did that.

runawayyyy on December 27, 2010 at 6:15 PM

As Texans have been taunting those who would control us since 1835:
“Come and Take It!”

YEEEEEEE-HAAAAAAWWW!

aero on December 27, 2010 at 6:25 PM

“… We are the only state growing while everybody else is failing…”
Sekhmet on December 27, 2010 at 2:25 PM

Unfortunately, we are growing with a lot of liberals moving here after they have screwed up their States…

rgranger on December 27, 2010 at 5:55 PM

that already happened in the late 70′s/early 80′s.

Kermit on December 27, 2010 at 6:41 PM

Slightly O/T:

I live and work in Chitcago, home of the Thug in Chief.

I work for a large company that has offices in both Chicago and Texas. Several of my co-workers have recently transferred to our Texas office… seems to be a trend. They sold their houses and moved their families to Texas and haven’t regretted it.

The housing is more affordable, and the taxes more reasonable, and the weather warmer.

Most of Illinois is conservative, but there’s a high concentration of libtards in Chicago, like most urban areas in our country. The mostly libtard politicians the Chitcagoans have elected in recent decades have bankrupted the city as well as the state. Darned shame, because it’s a pretty nice place overall, and the people are a good, hard-working lot.

FlatlanderByTheLake on December 27, 2010 at 6:42 PM

Whether or not this will work, whether or not Rick Perry is just trying to make a few headlines, imagine if 4 or 5 states were to align together as a team to fight this corrupt Federal government. Imagine if 10 were to do that, bring lawsuits and making decision to fight and block every Fed attempt to take over people’s lives. It wouldn’t take a majority at all, just more than one Governor. It wouldn’t take even half the states, just a handful that were united in spirit and armed with some creative, determined leadership.
But alas, this is 2010. We all want to just get along and support the hangman as he places the noose around our necks.

JellyToast on December 27, 2010 at 6:44 PM

….Defund the EPA.

Sandybourne

Now, that’s a chant I really like….It just rolls off the tongue.
“Defund the EPA, Defund the EPA, Defend the EPA”.

centre on December 27, 2010 at 3:33 PM

I prefer
“Hay hay,
Ho ho,
EPA has got to go!”

Slowburn on December 27, 2010 at 6:50 PM

maverick muse on December 27, 2010 at 4:27 PM

Yes.

Unfortunately, we are growing with a lot of liberals moving here after they have screwed up their States…

rgranger on December 27, 2010 at 5:55 PM

And yes.

tkinTX on December 27, 2010 at 6:51 PM

runawayyyy on December 27, 2010 at 6:15 PM

Take a deep breath. In through the nose. Out through the mouth.

There. Feel Better? Good. That always works for me when I get myself all worked up.

Now, I’m sorry I used the word “any”. Let’s use the word “this”. As in “this lawsuit that may or may may not be filed”. Okay?

And I also never said “this” or “any” lawsuit at anytime will or will not succeed. I don’t know. I hope so but I have no idea.

But you do! You’re absolutely sure! And anyone who thinks otherwise is a deluded fool.

So you got me! I thought “Wow. Who is this cocksure guy? He obviously knows something I don’t.

But you never said why you’re so full of yourself. That’s why I asked. I want to know what you know. I want to learn from you.

So help me out here: Why is this lawsuit doomed to failure?

And please don’t say “Because I said so”. That just won’t cut it.

But you can say, “I have no idea what I’m talking about but I do know that when it comes to “government” I’m a pessimistic cynic who tends to believe that nothing they say or do will turn out well.”

That will work! And I’ll agree and even state that I’ve said the same thing a time or two. (However, I don’t usually follow up with “you’re a deluded fool if you don’t agree with me”.)

Rod on December 27, 2010 at 7:01 PM

I prefer
“Hay hay,
Ho ho,
EPA has got to go!”

Slowburn on December 27, 2010 at 6:50 PM

The left wants to defund the military. Defund EPA.

JellyToast on December 27, 2010 at 7:18 PM

What might Perry do:

Call out the National Guard to protect the refineries from the EPA terrorists, or

Call out the Texas Rangers to guard the Republic of Texas from the EPA goons.

Could get interesting.

Yoop on December 27, 2010 at 7:26 PM

But alas, this is 2010. We all want to just get along and support the hangman as he places the noose around our necks.
JellyToast on December 27, 2010 at 6:44 PM

And some so called republicans are saying to us “hold still” in an effort to assist said hangman.

arnold ziffel on December 27, 2010 at 7:33 PM

Call me crazy, but I’m sitting here wondering…with all these federal agencies (like EPA) and all these czars, oh – and all the executive orders, why do we need the worthless waste of money, oxygen, and skin called “Congress?”

thebookkeeper on December 27, 2010 at 7:36 PM

I have an idea on how to reduce the size of our federal government to a manageable level. 45cal

david kumbera on December 27, 2010 at 7:45 PM

Great news Gov. Perry! Please do all you need to do to stop the epa. How about you get the other governors of the states mentioned to file suit like they did on the bhocare issue? Near where I live, Corpus Christi, there are numerous refineries. The epa will put a halt to everything! That is the bottom line for bho and his entire team. The off shore drilling ban, taking million of acres under gov. control where no drilling is allowed.
L

letget on December 27, 2010 at 2:14 PM

I live in Corpus Christi, too. The refineries are a huge part of our economy. Our little city will take a huge hit if Perry doesn’t put a stop to all this EPA Obama Regulation Mumbo Jumbo Bull cr*p.

pullingmyhairout on December 27, 2010 at 8:17 PM

What a way to push the Volt!

OldEnglish on December 27, 2010 at 10:17 PM

This is the same EPA that wants to regulate the dust that ranchers create by having their cows walk around the ranch.

http://www.bluecollarphilosophy.com/2010/10/obama-to-slaughter-the-beef-industry-over-dust.html

Texas looks like a more appealing place to live all the time.

Blue Collar Todd on December 27, 2010 at 11:54 PM

I hope that Perry is successful in shutting down this carbon emission bullshit. Obama hates Perry, so he wants to retaliate by torpedoing our economy. That prick has a fight on his hands now.

Ward Cleaver on December 28, 2010 at 1:52 AM

Go Rick go!

Ward Cleaver on December 28, 2010 at 1:54 AM

Drop the funding for the EPA. Cut it down to zero, zilch, nothing. Let it starve. At the very least give it no money for enforcement. Make it a toothless tiger.

{^_^}

herself on December 28, 2010 at 2:29 AM

I’d vote for Perry. But what would the smear merchants do to him?

hawksruleva on December 27, 2010 at 3:59 PM

Geesh. This is the product of elite Republican intellectuals who are teaching that we must put our faith to good polls and good standing with MSM.

If you think Perry is your man … VOTE FOR HIM! No excuses.

TheAlamos on December 28, 2010 at 2:35 AM

Is it me or shouldn’t Perry be wearing a white suit while striking that pose?

Gohawgs on December 28, 2010 at 3:39 AM

People think that Texas is such a strong Republican outpost, not considering the state’s massive Hispanic Democrat population, nor the New Orleans refugees who never went home after Katrina, still in Houston on the dole, electing/re-electing the likes of Sheila Jackson Lee.
maverick muse on December 27, 2010 at 4:19 PM

Maverick – Please don’t remind me. I live in the most conservative Texas House and Senate districts in the country, but Queen Sheila’s gerrymandered district means I have no real representation on the US House end of the spectrum. I can only hope that with the massive Republican majorities in the Texas House and Senate, we can pare down her area via redistricting…

golfer1 on December 28, 2010 at 6:57 AM

So you got me! I thought “Wow. Who is this cocksure guy? He obviously knows something I don’t.

Rod on December 27, 2010 at 7:01 PM

Hey, look! You FINALLY got something right!!! I’m so proud….

runawayyyy on December 28, 2010 at 9:18 AM

It’s about control – not about the environment -never has been. If Perry beats Obama back on this typically leftist end run around the constituion, he has the Whitehouse in 2012 if he wants it.

The real war wll start when the house votes to Fund nothing from the EPA or the FCC (that internet thingy) until congress approves its actions. Investigate and prosecute any in either dept who play funny money shifting games. Defund and then call in all Czars and grill them on everything they’ve touched since sixth grade. Find out why congress was avoided and what their appointment was intended to do (to not)for the nation.

Don L on December 28, 2010 at 12:27 PM

More states will likely join this fight against the EPA.

AnninCA on December 29, 2010 at 7:43 AM

The EPA is obviously on crack. Texas should put its drug forfeiture laws to good use and seize all property used by the EPA.

agmartin on December 29, 2010 at 2:55 PM

Awww, man, I can’t believe I’m so late to this thread. I was on the road!

Anhoo….

Go Perry go!

I don’t think Perry is planning on running for POTUS. He has made it pretty clear that his intention is to make Texas the most powerful state in the union and to run for Governor indefinitely. And I am A-OK with that plan.

bitsy on December 29, 2010 at 4:37 PM

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