NCPA - National Center for Policy Analysis

Texas Fights Global Warming Power Grab

August 27, 2010

President Obama's Environmental Protection Agency (EPA) is already well down the path to regulating greenhouse gases under the Clean Air Act, something the act was not designed to do.  The EPA 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 is that 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, says Peggy Venable, Texas state director of Americans for Prosperity. 

Texas leaders are taking on the EPA.  Good thing, because Texas would be hit especially hard by these regulations, says Venable: 

  • 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, 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, which is the top exporting state in the country.  

The Obama administration could learn a lot from Texas.  Instead, it is attempting to ride roughshod over the Lone Star state, and it goes beyond the greenhouse gas issue, says Venable: 

  • For 16 years, the EPA allowed Texas to run its own permitting program to meet federal air-quality standards.
  • But in May, the agency announced -- out of nowhere -- that the state is not in compliance with federal regulations.
  • Even though Texas had met its clean-air obligations, the EPA announced it was taking over permitting. 

The EPA's decision is a massive power grab and centralization of authority, say Texas leaders.

Source: Peggy Venable, "Texas fights global-warming power grab," Washington Times, August 25, 2010. 

Foe text:  


Browse more articles on Environment Issues