The number and types of direct Executive Branch actions this past year has been a bit overwhelming. One example of this is the EPA’s decision that the crazy kids in Texas aren’t keeping their rooms clean enough by themselves. However, it seems as though this particular bit of nonsense may be at least postponed:
A federal appeals court temporarily blocked the U.S. Environmental Protection Agency from taking control of Texas’s carbon-emission rules while it considers the state’s bid to fend off federal intervention.
Texas filed a petition with the U.S. Court of Appeals in Washington yesterday, saying the EPA didn’t give adequate notice or allow for comments on a proposed federal takeover of the state’s air permitting program on Jan. 2. Last night, the court ordered the agency to hold off on its plan while the court considers whether to delay the move until the case is resolved.
Speaking of adequate notice, I believe the EPA only announced this on December 23. Even if this were not the busiest holiday time of the year (when government and business are often in maintenance mode) the period from Dec 23 to Jan 2 is awfully short.
Texas has one of the strongest state economies at present. If the EPA’s decision is permitted to proceed unhindered, 2011 may see a substantial weakening of the state’s economy as industry struggles to handle the expected federal overhead which the EPA brings. And this does not take into account the fact that, if successful against Texas, the EPA will be looking to repeat the process in state after non-conforming state.