Attorney General Luther Strange said he is pleased by a federal court ruling today that struck down what he called “an intrusive and overreaching” rule of the Environmental Protection Agency regarding air emissions across states.
The U.S. Court of Appeals for the District of Columbia invalidated the EPA’s Cross State Air Pollution Rule (CSAPR), ruling in the case of EME Homer City Generation L.P. v. EPA.
Attorney General Strange joined with Texas Attorney General Greg Abbott and 13 other states challenging the rule.
“This ruling upholds major principles of fair play,” said Attorney General Strange. “A state must have the opportunity to propose its own plan to control air emissions before the EPA forces a federal government plan upon the state. EPA’s actions in this respect have represented a departure from the longstanding principle of cooperative federalism. I am pleased that the court today struck down this intrusive and overreaching rule.”
The court found that the rule impermissibly imposed unwarranted requirements for emission reductions on sources within “upwind” states that were believed by the EPA to contribute to non-attainment of required limits on emission levels in “downwind” states. Furthermore, to the extent that CSAPR required the states to reduce their emissions by an amount greater than their own significant contribution to a downwind state’s non-attainment, the court held that EPA exceeded its statutory authority under the Clean Air Act.
The court also held that EPA itself violated the Clean Air Act by imposing Federal Implementation Plans (FIPs) on the states to achieve required emission reductions under CSAPR, without first allowing the states opportunity to submit to EPA their own State Implementation Plans (SIPs).
With its vacation of CSAPR, the court ordered EPA to continue to implement the Clean Air Interstate Rule (CAIR) pending promulgation of a valid replacement.
I was elated the DC court of appeals which is one court lower then the US Supreme Court has ruled against the EPA on new regulations that were costly and posed a threat to the power grid. Since congress would not pass Cap and Trade, a bill the President wanted. The President decided to implement cap and trade using the regulatory process. The Court ruling is a victory for states rights and federalism.
The court ruled that the EPA can set the standards and guidelines for emissions standards. But it is up to the states to decide if they will enforce it or not. The EPA bypassed the Clean Air Act that guaranteed the states the discretion to set their own standards on environmental air quality. The court ruled saying the EPA over stepped their authority.
This is a victory for the state of Texas and other states who filed suit. I give Kudos to Texas Attorney General Greg Abbot for his valiant fight against the Obama’s EPA. In February 2011, Texas experiencing rolling black outs in one of the coldest days in Texas history. Since the new EPA rules regulated carbon, Texas was forced to buy power from Mexico because the new EPA rules forced Texas to have rolling blackouts because many coal power plants have been shut down by order of Environmental Protection Agency.
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Obama said he wants to bankrupt the coal industry. Thew EPA using there new draconian rules used to shut down coal powered plants maybe stopped for now. Be ready for the EPA to come out in another direction to achieve the same goal to shut down coal power plants under a new fabricated threat since global warming and climate change failed to deceive the people.
Coal is one of America’s dominant sources of energy. Just as modern life in the United States is unimaginable without electricity, so is the idea that our nation could meet our growing energy needs without coal.
It’s simple: Coal is America’s fuel. We have more coal within our borders than any other country. More than a quarter of the world’s known recoverable coal reserves are located right here, and the energy content of American coal exceeds that of all the oil in the Middle East.
And our abundant coal will provide American families and businesses with affordable electricity for decades to come. In fact, at the current rate of consumption, coal can meet domestic demand formore than 200 years.
Do not be surprised if Obama blows off the court ruling. Obama might ignore court order just like he did not allowing offshore drilling to resume even though a federal judge ordered him to do. This battle is not over yet, the empire is getting ready to strike back.
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- Court Rules Against EPA for Overreach in Power. A States Rights Victory. (thelonestarwatchdog.com)
- Court strikes down EPA coal rule (askmarion.wordpress.com)
- Judges overturn EPA rule (amarillo.com)
- Court strikes down major pollution rule (thehill.com)
- EPA Cross-State Pollution Rule Tossed by Appeals Court (bloomberg.com)
- Court Strikes Down EPA’s Abuse of Power (heritage.org)
- DC Circuit Tosses Out EPA’s Pollution Rule (rubinoworld.com)
- States Rights Victory: U.S. Federal Judge Shuts Down Obama’s EPA ~ Workers Can Go Back To Employment! (politicalvelcraft.org)
- US court overturns coal pollution ruling (guardian.co.uk)