Ace of Spades HQ

December 31, 2010

Court Temporarily Blocks EPA's Texas Power Grab
— Gabriel Malor

One last bit of news in the old year, the DC Circuit Court of Appeals has stayed the EPA from taking over Texas' emissions regime, at least temporarily.

Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didnÂ’t give adequate notice or allow for comments on a proposed federal takeover of the stateÂ’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 TexasÂ’s motion by Jan. 6. Challenges to federal rules are brought directly to appeals courts.

This is simply an administrative stay for the court to consider Texas' motion to preliminarily enjoin the EPA until the litigation is resolved, which is why I say it's only temporary.

There's plenty of background on the Texas takeover at this HotAir post from Monday. The short version is that the EPA says Texas isn't doing enough to regulate emissions, particularly carbon, with its state-level programs, so instead it gets to feel the boot of the federal government on its neck.

On Monday, Ed noted the odd timing of EPA's decision. It was announced just two days before Christmas, with implementation to take place on January 2. I've written at length and several times over the past year about the Obama Administration's startlingly frequent disregard for federal law when it comes to regulatory decisions.

Obama and his fellow bureaucrats are right that Congress has ceded a great deal of authority to the Executive Branch to do pretty much whatever it wants in certain areas. But a significant limit on governance by executive fiat exists both under the Due Process clause and the Administrative Procedure Act. Before the President can just order the Environmental Prosecution Agency to tie lead weights to Texas' economy, he must give Texas notice and an opportunity to respond.

This same restriction tripped up the Obama Administration in the Gulf and at Yucca Mountain this year, where courts deemed lawless various attempts by the Interior Department to arbitrarily favor economy-killing liberal policies over other alternatives. I expect 2011 will be much the same.

Thanks to @irishspy.

Posted by: Gabriel Malor at 02:04 PM | Comments (77)
Post contains 390 words, total size 3 kb.

Just another way for them to try and slap back at Texas. They've been going after them with everything from education to this. I don't think obumbles likes Texas.

God Bless Texas! If I could I'd moved there tomorrow.

Posted by: Steph at December 31, 2010 02:09 PM (CUlig)

2 What if the courts side with the EPA?

It will be interesting to see what will Texas do.

Posted by: Rickshaw Jack at December 31, 2010 02:10 PM (tETqd)

3 D.E.F.U.N.D.

Posted by: Barbarian at December 31, 2010 02:12 PM (EL+OC)

4 Gabriel Malor: "I expect 2011 will be much the same."

You may have just sneaked in the Understatement of the Year before the midnight cutoff.

Posted by: AnonymousDrivel at December 31, 2010 02:12 PM (swuwV)

There must be legislative authority for all regulations. I wonder what piece of legislation the EPA is citing.

Posted by: swamp yankee at December 31, 2010 02:13 PM (3DIBw)

6 I wonder what the implications would be if Texas told the EPA to go pound sand along with telling the refinery workers to take a month off?

Posted by: Ohio I've got a f'ing flu Dan at December 31, 2010 02:16 PM (YO7QO)

7 F the EPA

Posted by: blaster at December 31, 2010 02:16 PM (MrMxG)

8 I wonder what piece of legislation the EPA is citing. "I won."

Posted by: EPA at December 31, 2010 02:18 PM (kho+0)

9 Today's Wall Street Journal sums up the Democrats' plans for America:

"This is the great Democratic bet with ObamaCare. The assumption is that once the benefits start to flow in 2013 the constituency for "free" health care will grow. As spending and deficits climb, the pressure for higher taxes will become inexorable and the GOP will splinter into its balanced budget and antitax wings. A value-added tax or some other money-machine will pass and guarantee that the government will control 40% to 50% of all economic resources."

Reason to keep fighting and hold the GOP accountable.

Happy New Year, morons.

Posted by: Steve (aka Ed Snate) at December 31, 2010 02:22 PM (S/p3p)

10 On another note.

I always wondered if the people of Texas kinda knew what was going to go down in the future when they originally designed this.

Posted by: Rickshaw Jack at December 31, 2010 02:22 PM (tETqd)

11 One hundred years ago Polar Bears roamed far and wide in Texas. Then the Republicans came.

Posted by: Ezra of the Hill People at December 31, 2010 02:26 PM (+iY8m)

12 Alrighty then. Buzz blogging is now over. Off to the taxidromeo!

Posted by: blaster at December 31, 2010 02:30 PM (MrMxG)

13 This is all going to end badly. Nothing is ever learned by these Lefties. The concept of overreach never is considered. The simmering anger of the average guy is not regarded at all, except as an object of ridicule. When it blows it will be a volcano. Op Eds in the NYT won't mean much then.

Posted by: SurferDoc at December 31, 2010 02:33 PM (o3bYL)

14 Texas burns a lot of coal. I don't believe they got into the nookelar power game or if they did not sufficiently.

Posted by: FlaviusJulius at December 31, 2010 02:36 PM (SJ6/3)

15 All of the polar bears should be assassinated.

Posted by: FlaviusJulius at December 31, 2010 02:37 PM (SJ6/3)

16 Time to start witholding tax revenue from the empire.

Posted by: FlaviusJulius at December 31, 2010 02:39 PM (SJ6/3)

17 End of the year itis on all news outlets is now in operation. Expect a bevy of who died with sad music, 2010 highlights,and pretty much nothing else as news crews and DC have taken off. Short straw winners will host the ball drop in NY.

Posted by: Ohio I've got a f'ing flu Dan at December 31, 2010 02:39 PM (YO7QO)

Which side of the lawn does Dick Clark call home now?

Posted by: Ohio I've got a f'ing flu Dan at December 31, 2010 02:40 PM (YO7QO)

19 18 Dorian Gray?

Posted by: SurferDoc at December 31, 2010 02:42 PM (o3bYL)

20 Watch out for the blizzard. Tornado + snowstorm may get interesting.

Posted by: FlaviusJulius at December 31, 2010 02:42 PM (SJ6/3)

21 Dick Clark is dead. Someone needs to tell him.

Posted by: Ronster at December 31, 2010 02:43 PM (Ikn3z)

22 Dick Clark yet lives?

Posted by: FlaviusJulius at December 31, 2010 02:43 PM (SJ6/3)

23 How do they get people to stand around in the cold for New Years?

Posted by: FlaviusJulius at December 31, 2010 02:44 PM (SJ6/3)

24 Dick Clark is as dead as this thread.

Posted by: FlaviusJulius at December 31, 2010 02:45 PM (SJ6/3)

25 As a proud texan (I wasn't born here, but got here as fast as I could) I hope GovernorGoodHairTM tells the federal government to keep ALL of their money, and by the way, we're not going to enforce federal tax policy, or allow the feds in to try and do it either. And while we're at it, tell the asshats that decide how strong your car's bumper is and how high the lights have to be and how much mileage it has to get to F--- off too. Texas should announce that they will allow ANY car manufacture to relocate here and build any car they want, and Texans will be allowed to buy it. No guarantees that any other state will allow. I'll bet you get builders from all over the world. Let the feds run GM and try and legislate to the rest of the world that they must own little battery powered pieces of shit. And don't ask me how I really feel.

Posted by: Mephitis at December 31, 2010 02:47 PM (ehXLT)

How do they get people to stand around in the cold for New Years?

Might have something to do with large quantities of liquor.

Posted by: Ronster at December 31, 2010 02:48 PM (Ikn3z)

27 Texas looks nicer all the time. Maybe in a few years...

Posted by: eman at December 31, 2010 02:49 PM (+iY8m)

28 They were saying how nice El Paso is, then I looked it up on a map....

Posted by: USS Diversity at December 31, 2010 02:51 PM (DLxD/)

29 What can be done about the Obama Administration's startlingly frequent disregard for federal law when it comes to regulatory decisions? How does this keep happening and what can be done to stop it?

Posted by: AZDREAMER at December 31, 2010 02:51 PM (hLD+S)

How does this keep happening and what can be done to stop it?

We let it.

Nothing.

Posted by: GM Bondholder at December 31, 2010 02:53 PM (7qCPY)

31
This is the new joke/football/predctions/non-haiku thread.

Posted by: al Soothsayer at December 31, 2010 02:53 PM (NwOSU)

32 @29: let's not go there...

Posted by: Guy on the grassy knoll at December 31, 2010 02:54 PM (tJjm/)

33 28 They were saying how nice El Paso is, then I looked it up on a map....

Drive into El Paso from the east on I-10 as the sun comes up, and you'll get a great view of the horrid slums of Mexico across the border. I'm not sure who this "they" is you speak of.

Posted by: NC Ref at December 31, 2010 02:54 PM (YYVL1)

34
okay, can one of you *courageous* peeps saunter over to DU or Kos to see what stupid shit they're saying about the year past and the year to come so we can laff about it?

Posted by: al Soothsayer at December 31, 2010 02:55 PM (WmBF6)

35 Invest in Magic Bullet Futures.

Posted by: FlaviusJulius at December 31, 2010 02:55 PM (SJ6/3)

36 @34, without actually corrupting my cpu with those sites....

Racist Republicans prevented Obama from saving the world from itself.

Posted by: NC Ref at December 31, 2010 02:56 PM (YYVL1)

37 They had a commercial about El Paso during the Sun Bowl--one of the Top 10 safest cities, businesses, etc.... saw a backdrop of the snowy mountains, all that good stuff.

Posted by: USS Diversity at December 31, 2010 02:58 PM (DLxD/)

38
How much ice cream will Obama eat in 2011?

Posted by: al Soothsayer at December 31, 2010 02:59 PM (WmBF6)

39 I am seriously considering moving to Texas. I want to be there when the revolution begins

Posted by: TC at December 31, 2010 02:59 PM (BAtLQ)

40 You mean...in commercials...they show all the good stuff and none of the bad stuff? You lie.

Posted by: NC Ref at December 31, 2010 03:00 PM (YYVL1)

41 TU has a lot of nukes.

Posted by: blaster at December 31, 2010 03:01 PM (OHRxO)

42 Ha Ha..I had my bags packed until Google Maps.

Posted by: USS Diversity at December 31, 2010 03:03 PM (DLxD/)

43 Drive into El Paso from the east on I-10 as the sun comes up, and you'll get a great view of the horrid slums of Mexico across the border. .

Posted by: NC Ref

That seems like a culturally and architecturally insensitive and rascist comment from the typical white patriarchy, demeaning the cultural and aesthetic values of the Hispanic natives of Old Mexico.

Yeah, it's a shithole, but it's their shithole.

If you like your Mexican slums, you can keep your Mexican slums.

Posted by: Reader C.J. Burch writes.... at December 31, 2010 03:03 PM (sJTmU)

44 Time to start witholding tax revenue from the empire. Posted by: FlaviusJulius at December 31, 2010 06:39 PM (SJ6/3) Automatic withholding makes that tricky.

Posted by: eman at December 31, 2010 03:05 PM (+iY8m)

45 Anyone wanna go pee-pee shopping?

Posted by: CoolCzech at December 31, 2010 03:07 PM (tJjm/)

46 I do. I do.

Posted by: prez wee wee at December 31, 2010 03:09 PM (Ikn3z)

47 Anyone wanna go pee-pee shopping? Posted by: CoolCzech at December 31, 2010 07:07 PM (tJjm/) Do they have live ferret pants warmers? My last one ran away last week.

Posted by: eman at December 31, 2010 03:09 PM (+iY8m)

Posted by: Reader C.J. Burch writes.... at December 31, 2010 07:03 PM (sJTmU)

It seems awfully racist of you to assume that I'm white. I could be Ewok or Thai tranny or nikeairmax. But its not the first time this week I've been called racist!

LOL

Posted by: NC Ref at December 31, 2010 03:10 PM (YYVL1)

49 Over priced crap is relatively easy to find.

Posted by: FlaviusJulius at December 31, 2010 03:10 PM (SJ6/3)

50 Resistance to the wise rulings of our dear President's EPA is simple due to teabagging racism, straight up.

Now, did you all know you can make pudding from dog urine? Really, it's quite true. When our dear elegant black President wins again in the next election, I'll dip my balls in it.

Posted by: Juhneen Gar-awful-o at December 31, 2010 03:10 PM (GxPL5)

51 Dear EPA,

Fuck off.

Love, Texas

Posted by: Laura Castellano, proud TEXAN at December 31, 2010 03:13 PM (fuw6p)

52 "racism, straight up"

Yeah, like some elderly college emo skank trying to talk street.

Posted by: AmishDude at December 31, 2010 03:14 PM (BvBKY)

53 The epa would be wise to not mess around with Texas.

Posted by: Moi at December 31, 2010 03:17 PM (Ez4Ql)

54 Dear EPA,

Pound Sand, then FOAD.

Time to defund their ass and send them packing to Canada.

No Love from Texas.

Posted by: TexBob at December 31, 2010 03:17 PM (7cXE7)

55
You remember the short-lived CBS series JERICHO?

In the end, the hero was...

Texas.

Posted by: al Soothsayer at December 31, 2010 03:21 PM (NwOSU)

56 Pitt coach Haywood arrested for domestic violence...wasn't Dave Wannstedt the coach there until like last month?

Posted by: USS Diversity at December 31, 2010 03:21 PM (DLxD/)

Dear EPA:

Come And Take It!

Toodles,

Texas

Posted by: Count de Monet at December 31, 2010 03:23 PM (XBM1t)

58 Actually, I don't think he's the coach of Pitt yet.

Posted by: AmishDude at December 31, 2010 03:25 PM (BvBKY)

Other classic Texanisms -

Freeze a Yankee in the Dark (bumpersticker circa '70s oil shortages)

Posted by: Count de Monet at December 31, 2010 03:27 PM (XBM1t)

60 Other classic Texanisms - Freeze a Yankee in the Dark (bumpersticker circa '70s oil shortages) Posted by: Count de Monet at December 31, 2010 07:27 PM (XBM1t) Yankees had some payback stickers when the price of oil collapsed and Texans were eating dirt burgers.

Posted by: eman at December 31, 2010 03:30 PM (+iY8m)

A Texicanism.

Fuck all y'all.

Posted by: Dave in Texas at December 31, 2010 03:33 PM (Wh0W+)

62 hmmmm. very suspicious that the liberal minded epa would so quickly attack texas, the great bastion of conservatism. it almost seems as if they are working from some sort of secret enemies list... this couldn't possibly be happening under obama's america...

Posted by: befuddled at December 31, 2010 03:37 PM (xJU23)

63 We still have the Alamo. Retrofitting for the times ain't impossible either. In fact we could probably rezone the boundary to accommodate a larger population... say, to DFW, Amarillo, and El Paso.

Posted by: Texas at December 31, 2010 03:47 PM (swuwV)

64 You can all go to Hell and I will go to Texas.

Posted by: Rep. Davey Crockett at December 31, 2010 03:50 PM (dYKl3)

65 Under the terms by which Texas entered the union we gave up land stretching all the way to southern Utah. We would welcome all that territory back if we secede. Colorado hates Texans? FU, now you are Texans. By the way Texas retained the right to split into five states. We pick up eight new Senators if we do that.

Posted by: Mr. Dave at December 31, 2010 03:55 PM (dYKl3)

Do we really have go go through the whole dickless thing again, EPA?

Posted by: Count de Monet at December 31, 2010 03:59 PM (XBM1t)

67 Dear EPA:

Fuck all y'all motherfuckers.

Love,
Geronimo in Texas

Posted by: Geronimo at December 31, 2010 04:09 PM (bvebb)

I don't give a shit whether Congress has ceded more authority to the Executive Branch.

There reaches a point where ALL power, ALL sovereignty is being claimed by the federal government, in a total inversion of what the Constitution is all about, and I'm thinking we're nudging up to it.

This isn't called the United STATES of America for nothing.

OK, start with the Due Process clause and the Administrative Procedure Act: but if Congress itself has exceeded its authority under the 9th and 10th Amendments the states must oppose it.

Go Texas!!!

Posted by: effinayright at December 31, 2010 04:24 PM (lhk1t)

69 Fuddruckers in Dallas Texas Rocks as far as hamburgers and beer goes. Hope the Wide Ass in Cheif never stops in for a looksie.

Posted by: yet another dave at December 31, 2010 04:38 PM (md4cW)

Dear EPA:

We thought about it for a long time.

Endeavor to persevere!

And when we had thought about it long enough, we declared war on the Union EPA.

Sincerely yours,

Posted by: Lone Watie at December 31, 2010 04:48 PM (XBM1t)

Why doesn't the Tea Party take a page out of the lefty play book and call a general strike. Jan. through the end of Feb. tend to be some of the slowest for most businesses, why don't most of them just shut down. When they do make sure to tell the employees that are being let go that this is being done because of Obama.

The Gov. of Texas should publically call a meeting of all State Gov's to decide how they will work to stop Obama. A good first step would be to start organizing militia units that are totally seperate from the Federal Governemnts control (National Guard). It would also take the weapons from State National Guard Units and arming these State Militia Units. Obama would be unable to Federalize these units and if he tried they could tell him to go pound sand.

Posted by: southdakotaboy at December 31, 2010 05:49 PM (VO59+)

72 This same restriction tripped up the Obama Administration in the Gulf and at Yucca Mountain this year, where courts deemed lawless various attempts by the Interior Department to arbitrarily favor economy-killing liberal policies over other alternatives. I expect 2011 will be much the same.

And every time the courts told the administration that they were wrong on the Gulf, they doubled down and kept right at it. So, what would one propose to do in a situation like that?

Posted by: Additional Blond Agent at December 31, 2010 11:28 PM (SHKl9)

73 The new budget should defund the imperial overreach. EPA may not spend any money to regulate CO2. FCC may spend no money to regulate the internet. Actually, just kill the FCC entirely.

We can use the money to pay for Obama's vacations.

Posted by: MarkD at January 01, 2011 05:48 AM (0Jy1K)

74 And while we're at it, tell the asshats Free Shipping electronics that decide how strong your car's bumper is and how high the lights have to be wholesale clothing and how much mileage it has to get to F--- off too.

Posted by: wholesale at January 02, 2011 05:10 PM (9xr58)

75 blaze test

Posted by: ed at January 11, 2011 09:51 PM (u44uf)

76 bl*zer

Posted by: ed at January 11, 2011 09:51 PM (u44uf)

77 heh.

Posted by: ed at January 11, 2011 09:52 PM (u44uf)

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