Posted on EMPOWERTEXANS by Dustin Matocha
Texas has again wona battle against the EPA thanks to a 5th U.S. Circuit Court ofAppeals ruling. As a result, Texas cancontinue utilizing its flexible permitting program — a victory for the 10thamendment, and Texas’economy.
The 5th U.S. Circuit Court ofAppeals ruled Monday the EPA overstepped itsbounds by prohibiting the State of Texasfrom utilizing its “flexible permitting program.” The programallowed refineries, power plants and other major industrial facilities toimplement their own pollution-control protocols, so long as their aggregateamount of emissions did not exceed levels set by the federal government.
Not good enough, said the ObamaAdministration. In typical disregard for the 10th Amendment, theyargued such policy gave “too much discretionarypower” to the director of the Texas Commission on EnvironmentalQuality.
In other words, it’s not good enoughto meet guidelines set by the federal government. You have to do it in themanner President Obama and his bureaucrats tell you to.
So much for federalism.
Ironically, the policy to give more freedomto industrial facilities was started during Governor Ann Richards’administration. Even as a liberal Democrat, she apparently had no problemtrusting Texans with the power to regulate Texans.
Thanks to the 5th Circuit, Texas is free yet againto give businesses the discretion to implement their own pollution-controlpolicies – so long as they meet standards set in the federal Clean AirAct.
That’s a big victory for the 10thAmendment, and another blow to the overreaching EPA.