Thursday, January 13, 2011

Blowing Smoke Up Your Dress

Texas has taken three swings now at getting an injunction against the EPA's new pollution rules on energy companies and greenhouse gases and they've struck out at the plate.

A federal court has shot down a bid by Texas to keep the Obama administration from regulating greenhouse gases in the Lone Star State.

The U.S. Circuit Court of Appeals for the District of Columbia ruled Wednesday that the Environmental Protection Agency can take over the permitting of carbon dioxide emissions in Texas, Politico reported.

It was the third time in two months that the request by Republican Gov. Rick Perry and Attorney General Greg Abbott was rejected in court.

In December, the appeals panel agreed to stay federal enforcement regulations temporarily. That halt was lifted Wednesday, with the judges stating in a one-page decision that state officials "have not satisfied the stringent standards required for a stay pending court review."


But, Texas will continue to refuse to implement the new standards pending more lawsuits.  Once again, the Supreme Court settled this question just a few years ago.  I'm not sure what Texas is trying to do, but right now they've got nothing and no real case.

We'll see what happens when the smoke clears.

3 comments:

SteveAR said...

Once again, the Supreme Court settled this question just a few years ago.

Supreme Court opinions last only until the Supreme Court says they don't. Plessy was settled by the Court until it wasn't by Brown v. Board of Education. McConnell v. FEC was settled by the court until it was gutted by Wisconsin Right to Life and Citizens United. Just because Massachusetts v. EPA is settled now is no guarantee it will remain that way forever.

FYI, Korematsu remains settled law to this date. I hope no President decides to use it to justify something that hasn't been done in over 65 years, something really dumb.

Anonymous said...

The next time we get a Republican president these greenhouse gas rules go away so Texas can wait Obama out and win that way.

Unknown said...

"The next time we get a Republican president..."

In other words, never. Works fine for me.

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