Texas AG sues to stop new EPA rules

posted at 2:05 pm on September 22, 2011 by Jazz Shaw

Earlier this week we saw a sneak preview in Kentucky and Indianapolis of how new EPA emissions regulations will be affecting power generation, jobs and the economy. This came with a warning about the even larger impact which will be felt in Texas next year if all of the proposed rules take effect and are enforced. Seeking to cut off this impending disaster at the pass, the Texas Attorney General filed suit yesterday to put the brakes on enforcement until cooler heads can prevail.

Texas, the second-most populous U.S. state, sued the U.S. Environmental Protection Agency, seeking to block rules aimed at curbing air pollution.

State Attorney General Greg Abbott’s office today filed a petition for review of the regulation at the U.S. Court of Appeals in Washington. A request to bar its enforcement will be filed later today, a spokeswoman for the attorney general, Lauren Bean, said today in a telephone interview.

Abbott “is deeply concerned about these new federal regulations’ impact on the State of Texas, its electric grid and the Texans whose access to something as basic as electricity is threatened,” the attorney general said in an e-mailed statement.

Rick Perry, who has a vested interest in keeping Texans employed and the lights on around his state, weighed in on the suit, calling the regulations “heavy-handed and misguided.”

The origin of the complaint comes from Luminant Generation Co.of Texas. Their CEO, David Campbell, took to the op-ed pages of the Dallas Morning News to bring his case directly to the attention of the public.

Many readers will assume that this is a traditional —industry versus EPA story. That’s simply not true. This is different because flaws in the rule’s provisions for Texas, and the resulting harm to jobs and reliability, have spurred Texans from both parties to question the process and the timeline. Thirty-one of 32 members of the Texas congressional delegation – and both senators – agree, as do consumer groups, economic development groups and community leaders from across the state.

This is different because of fundamental flaws in EPA’s process. When EPA first proposed this rule, Texas was not included in the annual programs, because EPA’s own modeling indicated that emissions were not high enough to justify including Texas. A year later, EPA reversed course. It not only included Texas, but also required massive reductions in less than six months. Those actions are an unjustified break from its normal notice and comment process for a major new EPA rule. No one can plan for that kind of massive, unexpected change.

And this time is different because it will result in the loss of two power generating units — 1,300 megawatts — after a summer heat wave that showed that Texas doesn’t have a megawatt to spare.

Campbell goes on to point out that attempts to comply with these rules on such an impossibly short timeline will cost them more than one and a half billion dollars this decade alone and force him to lay off an estimated 500 workers. If you wish to keep track of the case’s progress, it’s State of Texas v. U.S. Environmental Protection Agency, 11-1338.

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Remember the Alamo! (Only this time, Texas is being shot at from BEHIND.)

VastRightWingConspirator on September 22, 2011 at 2:10 PM

Once again, the toothless GOP House sitting back and letting Rick Perry’s Texas lead the fight against Obama’s EPA gone amok.

Maybe if Boehner/McConnell will concentrate less on setting up Super Committees and start using the power of the purse against the Obama Admin., we will see a lot more progress.

TheRightMan on September 22, 2011 at 2:11 PM

Go Abbott.

TexasDan on September 22, 2011 at 2:11 PM

Thanks Abbott, I have a feeling bho and team will do squat about this though. Deal also with that stinken lizard that some thinks needs to be protected! bho, team, the epa hate TX with a passion and want our state, along with many others who are red, to go under if we don’t do what they want done!
L

letget on September 22, 2011 at 2:12 PM

Greg Abbott is a decent guy…and he has his eye on the governor’s mansion. Or, a nice rental if the mansion isn’t rebuilt in time for the next governor.

cozmo on September 22, 2011 at 2:12 PM

Cloward-Piven. Overwhelm the system. And now they’ve taken it beyond social programs to include power generation and food production via “Green” initiatives.

Our future generations will look back in awe at how stupid this all is.

WitchDoctor on September 22, 2011 at 2:12 PM

TheRightMan: But that would be electoral disaster according to the GOP people here, and so you can’t risk it in the next electoral cycle. (Note: This argument does not have a date assigned to it. It doesn’t need one.)

Scott H on September 22, 2011 at 2:12 PM

It is getting to the point that we need to forget about calling the lawyers, and call the Texas National Guard instead.

Vashta.Nerada on September 22, 2011 at 2:13 PM

I hope someone brings this up at the debates tonight.

Knucklehead on September 22, 2011 at 2:13 PM

Knucklehead: I hope people do something more than talk about our problems.

Scott H on September 22, 2011 at 2:15 PM

It is getting to the point that we need to forget about calling the lawyers, and call the Texas National Guard instead.

Vashta.Nerada on September 22, 2011 at 2:13 PM

For a backup role, maybe. Its time for the Confederate Commemorative Air Force and the Texas navy.

cozmo on September 22, 2011 at 2:16 PM

Once again, the toothless GOP House sitting back and letting Rick Perry’s Texas lead the fight against Obama’s EPA gone amok.

Maybe if Boehner/McConnell will concentrate less on setting up Super Committees and start using the power of the purse against the Obama Admin., we will see a lot more progress.

TheRightMan on September 22, 2011 at 2:11 PM

Hear, hear!

petefrt on September 22, 2011 at 2:20 PM

cozmo on September 22, 2011 at 2:12 PM

Simply for the purpose of amusement, do you happen to have a Mr./Ms. Costello we could encourage to run for Lt. Gov. in that event?

cs89 on September 22, 2011 at 2:22 PM

Perry wants Acid Rain!!! /unseen

MeatHeadinCA on September 22, 2011 at 2:23 PM

Why not just ignore these absurd rulings? It’s not like an SEIU army will come enforce them. Screw the fedgov tyrants.

SirGawain on September 22, 2011 at 2:23 PM

How soon they forget the lesson George W. Bush taught the EPA back when he was Governor. The EPA raised emission standards on car inspections SO HIGH that a brand new car, rolled right off the tractor trailer wouldn’t pass. Bush told the EPA to back off, and they said if he didn’t give in, they’d withold Federal money to the state. Bush told em’ to pound sand and witheld the money the state send the Feds instead. EPA blinked, and changed the standards back.

There’s your model.

44Magnum on September 22, 2011 at 2:25 PM

cs89 on September 22, 2011 at 2:22 PM

I wish, the closest I can think of is a state senator Shapiro (not even close enough to play with). But she is retiring

cozmo on September 22, 2011 at 2:28 PM

Anyone have a link to the text of the regulations in question?

ernesto on September 22, 2011 at 2:28 PM

Perry wants Acid Rain!!! /unseen

MeatHeadinCA on September 22, 2011 at 2:23 PM

Perry wants to turn off all of our electricity!!! / unseen

Knucklehead on September 22, 2011 at 2:29 PM

Go Greg, go!

Ward Cleaver on September 22, 2011 at 2:30 PM

Greg Abbott is a decent guy…and he has his eye on the governor’s mansion. Or, a nice rental if the mansion isn’t rebuilt in time for the next governor.

cozmo on September 22, 2011 at 2:12 PM

Another guy being mentioned the the Ag commissioner, Todd Staples.

Ward Cleaver on September 22, 2011 at 2:31 PM

put the brakes on enforcement until cooler heads can prevail.

I’m assuming this means, “put the brakes on enforcement until Obama is thrown out of office.” Because there won’t be cooler heads in the EPA until then.

jwolf on September 22, 2011 at 2:31 PM

This won’t affect only Texas either. Texas exports electric power to other states. For every megawatt of generating capacity lost, that much less can be exported. Other states will have to pay more to make up the shortfall, just like Texas customers.

J.E. Dyer on September 22, 2011 at 2:32 PM

Didn’t SCOTUS already say the EPA has these powers?

Cindy Munford on September 22, 2011 at 2:34 PM

Cindy: In which case, we simply add their names to the list of politicians in violation of their oath of office.

Scott H on September 22, 2011 at 2:38 PM

Perry wants to turn off all of our electricity!!! / unseen

Knucklehead on September 22, 2011 at 2:29 PM

Think of all the people on ventilators! Perry is acting recklessly!

MeatHeadinCA on September 22, 2011 at 2:39 PM

This won’t affect only Texas either. Texas exports electric power to other states. For every megawatt of generating capacity lost, that much less can be exported. Other states will have to pay more to make up the shortfall, just like Texas customers.

J.E. Dyer on September 22, 2011 at 2:32 PM

I’m about ready to return to yesteryear and remove stations that connect the Texas grid to the eastern and western US grids.

cozmo on September 22, 2011 at 2:39 PM

Keep em running and call out the guard if need be. :)

golfmann on September 22, 2011 at 2:39 PM

Anyone have a link to the text of the regulations in question?

ernesto on September 22, 2011 at 2:28 PM

You’re clever, right? Look em up. I’m sure they are online.

lorien1973 on September 22, 2011 at 2:40 PM

Anyone have a link to the text of the regulations in question?

ernesto on September 22, 2011 at 2:28 PM

No I don’t, but I suspect they are written something like the following:

if {state vote == GOP}
{count = 0;
while {count < 10}
{regulation++;
count++;}
printf("\nUp yours you rightwing h8ters!");}
end: ;

(I'm way out of practice; my apologies in advance for syntax errors.)

jwolf on September 22, 2011 at 2:41 PM

Think of all the people on ventilators! Perry is acting recklessly!

MeatHeadinCA on September 22, 2011 at 2:39 PM

And then all those puppy stem cells will die too!!!

Knucklehead on September 22, 2011 at 2:43 PM

Perry wants Acid Rain!!! /unseen

MeatHeadinCA on September 22, 2011 at 2:23 PM

Perry wants to turn off all of our electricity!!! / unseen

Knucklehead on September 22, 2011 at 2:29 PM

Perry wants to turn off all of our electricity!!! / unseen

Knucklehead on September 22, 2011 at 2:29 PM

Think of all the people on ventilators! Perry is acting recklessly!

MeatHeadinCA on September 22, 2011 at 2:39 PM

Hee-hee. Nice. Sounds just like him.

Marcus on September 22, 2011 at 2:43 PM

Another op-ed in the DMN the other day pooh-poohed the whole idea of layoffs, claiming that Luminant was bluffing.

Ward Cleaver on September 22, 2011 at 2:45 PM

The EPA eased its regulations to help out California’s Central Valley, I don’t see why they wouldn’t do the same here.

/s

John Deaux on September 22, 2011 at 2:46 PM

Puppies on ventilators?

/weeping

Ward Cleaver on September 22, 2011 at 2:46 PM

jwolf on September 22, 2011 at 2:41 PM

LOL.

lorien1973 on September 22, 2011 at 2:49 PM

jwolf: Awesome. :) I think you forgot a few steps, though.

Set.clowardPiven()
{
for each Country in Set
{
while (Country.GDP > 0)
{
Country.crisisEffect = Country.generateCrisis();

if(Country.crisisEffect > 0
{
Country.GDP -= Country.crisisEffect;
if(President.Power > President.PreviousPower)
{
Opposition.WeWon;
}
else
{
Opposition.Demagogue;
}
}
else
{
RaceCard.play();
}
{

Scott H on September 22, 2011 at 2:51 PM

Gregg Abbott, oh how I love him. Best AG ever, I hope he kicks azz and goes far.

RushBaby on September 22, 2011 at 2:51 PM

grr, it lost its formatting. ><

Scott H on September 22, 2011 at 2:52 PM

Huh? It didn’t print the rest of the post. Oh well. ><

Scott H on September 22, 2011 at 2:53 PM

Once again, the toothless GOP House sitting back and letting Rick Perry’s Texas lead the fight against Obama’s EPA gone amok.

Maybe if Boehner/McConnell will concentrate less on setting up Super Committees and start using the power of the purse against the Obama Admin., we will see a lot more progress.

TheRightMan on September 22, 2011 at 2:11 PM

In the event that TX’s suit fails, do the following:
1) Withhold taxes from the Feds.
2) Issue an EO to all TX Law Enforcement Agencies to withdraw support from EPA – IOWs, businesses can refuse entrance to any EPA inspector and LE will not enforce the EPA. In fact, TX LEs should blockade any Fed agency assisting the EPA in enforcing it.
3) Let the other States know that every month this drags out, another 10% will be cut.

If Oboobi wants to collapse the system, we can retaliate in the words of our 7th POTUS — Oboobi made his choice, now let him enforce it. We only have to hold out 14 months at the most, but the publicity from the standoff will seriously erode the donks.

AH_C on September 22, 2011 at 2:54 PM

VastRightWingConspirator on September 22, 2011 at 2:10 PM

Yup. Execution style, or Obama style!

capejasmine on September 22, 2011 at 2:54 PM

Scott H on September 22, 2011 at 2:51 PM

You’d better be careful or Obama might hire you. ;)

jwolf on September 22, 2011 at 2:56 PM

jwolf: Would you believe my work relationships are within 3 degrees of separation to our dear President?

Scott H on September 22, 2011 at 2:59 PM

Our future generations will look back in awe at how stupid this all is.

WitchDoctor on September 22, 2011 at 2:12 PM

Which generation can it be blamed on?

/

disa on September 22, 2011 at 3:02 PM

Of course Texas wants to find a way to wangle its way out of spewing its RADIOACTIVE, TOXIC, COAL PLANT, emmissions on the rest of the country. They shoot harmless little piggies from helicopters. There is no end to the evil to which they will stoop.

/

Lily on September 22, 2011 at 3:06 PM

500 more jobs gone, Barry!
Obama sure does love poor folks, look how many he’s created!

cartooner on September 22, 2011 at 3:11 PM

Our Texas coal-fired power plants?

Molon Labe.

But if they do get shut down, we still have our wonderful wind farms.

iurockhead on September 22, 2011 at 3:13 PM

Sometimes I wonder if California and Texas joining the union were such great ideas.

Speakup on September 22, 2011 at 3:18 PM

Abbott is my pick to replace Perry as our governor!

michaelo on September 22, 2011 at 3:34 PM

Sometimes I wonder if California and Texas joining the union were such great ideas.

Speakup on September 22, 2011 at 3:18 PM

For different reasons, right?

Meanwhile, China is opening up a dirty coal fired plant every TEN days. And I thought our oxygen was the same as theirs. ;)

honsy on September 22, 2011 at 3:34 PM

So maybe this is why the EPA is acting with such great gusto to remove viable energy sources – it’s all about the jobs!

http://stevengoddard.wordpress.com/2011/03/09/holdren-1975-us-has-too-much-energy-less-energy-can-mean-more-employment/

As you may recall, brainiac Holdren is the Science Tsar these days – the same guy who partnered with the freaky-deaky Erlichs to advocate for forced sterilization and other great population control measures, all for our own good no doubt.

Here’s the link to that little gem.

Right on September 22, 2011 at 3:55 PM

This won’t affect only Texas either. Texas exports electric power to other states. For every megawatt of generating capacity lost, that much less can be exported. Other states will have to pay more to make up the shortfall, just like Texas customers.

J.E. Dyer on September 22, 2011 at 2:32 PM

This Texas customer is already paying around $150.00 a month for power. That’s high enough, thank you.

annoyinglittletwerp on September 22, 2011 at 4:04 PM

It is not air pollution. It is garbage about CO2 emissions which have never ever been a pollutant until the Hoax of Global pretended they were.

jimw on September 22, 2011 at 4:43 PM

They need to expand dirty coal. Dirty solar, not so much.

Dirty wind doesn’t work when the wind dies.

seven on September 22, 2011 at 4:43 PM

I trust Perry will point this out tonight, even if the question deals with 12 year old girls.

GaltBlvnAtty on September 22, 2011 at 4:56 PM

The states should require anyone who uses electricity to watch or listen to an Obama speech to use only 100% wind/solar power. The fine for violations would be 100% of the average monthly electric bill for TX households.

TWO problems solved at once!!!

(nothing is dirtier or more threatening to human life than LIBERALISM)

landlines on September 22, 2011 at 4:57 PM

The bottom line is this: The people that Ojesus and his Democrat sycophants CLAIM to care about the most, the poor, the disenfranchised, etc., will be impacted the most by this gross overreach of federal executive power. Many poor people won’t be able to afford electricity, period.

Their answer, I suspect, will be energy vouchers for the right sort of applicants, to be paid for by those evil “rich people”, the definition of which will be expanded greatly over time.

hillbillyjim on September 22, 2011 at 4:57 PM

landlines on September 22, 2011 at 4:57 PM

And yes, I am fully aware that wind/solar power is generally unavailable during the times Obama uses for speeches…

landlines on September 22, 2011 at 5:00 PM

You folks of course know that if wind power was dirt cheap and had a high availability that resulted in dirt cheap electricity, the progs would attack it as ‘Big Wind’. We would see poor little birdies with busted wings on the old media news struggling to fly, while hearing about obscene profits generated by wind power. There would be hearings featuring whiners claiming illness over the sound of the blades.

Moonbats like Fat Al would claim that the turbulence from the blades was spawning tornadoes. They would tell us that we are being polluted by EMI resulting from the long transmission distances.

It’s all about socialism and the fable of AGW. It has to be, there’s no other possible explanation.

slickwillie2001 on September 22, 2011 at 6:50 PM

Looking forward to the law of unintended consequences. Down here on the Gulf coast all it will take is a couple of brownouts or rotating blackouts due to these regulations before a lot of homeowners decide a natural gas home generating system would be nice to have; a lot of folks consider them just because of hurricanes, a few regulatory caused blackouts and they will purchase them. Then commercial buildings will start buying larger generators and advertising space with guarantied power. So suddenly we’ll have tens of thousands of small generators running far less efficiently and creating far more pollution than one or two nice big power plants. Then the EPA will try to regulate those home generators…

Over50 on September 23, 2011 at 5:20 AM

AH_C on September 22, 2011 at 2:54 PM

Sounds eerily like the run up to the first C1v1l W4r.
The feds will first retaliate by withholding Federal monies for roads and schools. Thats when you start keeping the Feds taxes.

Then of course the Army will come to force the issue.
Those who don’t think the Army will kill citizens had better wake the f… up.

landlines on September 22, 2011 at 4:57 PM
We’d do better to stoke the fires with said liberals. 3 wins – get rid of libs, and generate power, and reduce the carbon footprint on the earth. What could be better? Poor Erlich never saw that one coming.

orbitalair on September 23, 2011 at 8:27 AM