Thursday, August 26, 2010
The state's slogan is "Don't mess with Texas." But the federal Environmental Protection Agency (EPA) is doing just that, and at stake is whether the Obama administration can impose its global-warming agenda without a vote of Congress. […]
The EPA, determined to move forward anyway, is attempting to rewrite the Clean Air Act administratively via a "tailoring rule," which would reduce the number of regulated sources. The problem with that approach? It's illegal. The EPA has no authority to rewrite the law. To pull it off, the EPA needs every state with a State Implementation Plan to rewrite all of its statutory thresholds as well.
Texas Attorney General Greg Abbott and Texas Commission on Environmental Quality Chairman Bryan W. Shaw saw the tailoring rule for what it really is: a massive power grab and centralization of authority. They are fighting back, writing to the EPA:
"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 U.S. laws. ... To encourage acquiescence with your unsupported findings you threaten to usurp state enforcement authority and to federalize the permitting program of any state that fails to pledge their fealty to the Environmental Protection Agency. 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." […]
Federalist principles have allowed Texas to become the strongest state in the union. The Lone Star State leads the nation in job creation, is the top state for business relocation and has more Fortune 500 companies than any other state and is the top state for wind generation. President Obama said he wants to double U.S. exports in five years; he could look to Texas, as we are the top exporting state in the country. The Obama administration could learn a lot from Texas. […]
Texas is the nation's energy-production capital, but the air we breathe is cleaner today than it was in 2000, even though the state's population has grown by nearly 3.5 million people. Between 2000 and 2008, Texas' nitrogen oxide levels decreased by 46 percent and ozone levels dropped by 22 percent, compared with national reductions of 27 percent and 8 percent, respectively. All major Texas metropolitan areas meet the 1997 federal eight-hour ozone standard, with the exception of the Dallas-Fort Worth area, which is within 1 part per billion of meeting the standard.