Wanted: EPA Out of Texas

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by Brian Roberts

A few days ago I wrote an article entitled “The EPA can go to Hell, and I will go to Texas“. The article pointed out that Texas could (and does) favorably manage it’s own environmental policy while maintaining a superior economy. Both of which the federal government has failed to do. The EPA’s goal is simple: accrual of more power into the hands of the gluttonous feds.

For the last week, Governor Perry and the Texas legislature have been rattling the 10th amendment sabers and highlighting the success of the Texas policies. However, this week, the EPA officially took over control of the permitting process for one of these Texas refineries. EPA Region 6 Administrator Al Armendariz stated that the EPA is prepared to take over Texas’ entire permitting process. Now that the EPA has made it’s move, it is time for Texas leaders to quit talking and take significant action.

Here are concrete steps that the state of Texas needs to take to reassert it’s Constitutional right to govern without federal intrusion. Nullification, based on the 10th amendment  and our founding principles of federalism, is the legal answer to a federal government that seeks to centralize power without restraint.

Step 1: Governor Perry calls a special session

Since the Texas legislature does not meet until 2011, the Governor of Texas must call for a special session of the Texas legislature.

Step 2: Texas Legislature passes nullification legislation

Something simple like this should do the trick:

SECTION 1. The legislature of the State of  Texas finds that:

1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.

2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.

3. The assumption of power that the federal government has made by enacting the “Clear Air Act” interferes with the right of the People of the State of Texas to regulate the state oil and gas industry as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

SECTION 2. NEW LAW

A new section of law to be codified in the [STATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:

A. The Legislature of the State of Texas declares that the federal law known as the “Clean Air Act,” and the federal agency known as the Environmental Protection Agency (EPA) is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Clean Air Act” within the limits of this State.

C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.

D. Any public officer or employee of the State of Texas that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.

E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections (C) or (D).

SECTION 3. This act takes effect upon approval by the Governor.

Of course, it may make more sense to identify specific parts of the Clean Air Act in more detail, but rejecting the entire charter of the EPA in Texas would be a huge step for freedom and state soverignty. Once drafted, no Republican worth the (R) next to his name should vote against this and no Democrat worth the “Texas” next to his name should either.

Nullification by Tom Woods

Now Available for Pre-Order

Step 3: Governor Perry signs Nullification Legislation

Back to you governor for the signature, that will send those EPA thugs packing.

And next time this Administrator Al Armendari steps foot in Texas, he should be escorted to the nearest border, where he can scurry back to Washington D.C. with the message that Texas is done playing games, they’ve finally had enough.

Brian Roberts [send him email] is the State Chapter Coordinator for the Texas Tenth Amendment Center

Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

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Regarding nullification itself, isn't the historical pattern (S. Carolina - ca. 1832) to call for the people themselves to vote on nullification rather than having the legislature do it?

So what do you guys think now that it appears that EVERY petrochemical corporation was cutting the same corners and LYING to everyone that they were capable of handling a well blowout out in the deep ocean?

What's your opinion that all the oil companies basically copied the same Gulf disaster response plan that listed as species impacted by an oil spill as seas otters and walrus's; neither of which live in the gulf of Mexico? Or how about making reference to an expert that has been dead for 5 years?

If it is not apparent to you now it is clear to any rational person that all the oil companies; particularly BP; were criminally negligent in the construction and monitoring of their drilling operations. They lied to the Federal Government, and the American Public, that what they were doing was being done the safest way possible and that they had a contingency plan in case of an emergency. All of the major oil companies admitted that they are unprepared to handle a deep oil well disaster of the magnitude of Deep Water Horizon(and quite frankly it doesn't really matter what depth the oil well is). They are using the same technology to clean up the spill that was used 30 years ago the last time an oil well blew up in the Gulf.

The Oil Industry has had a free pass for 30 years; they have spent billions on technology to extract oil but has spent next to nothing in safety or disaster preparedness. The libertarian, Ayn Rand Ideals were used to allow the Oil Companies to "self regulate." And this was the result.

No one is asking the obvious questions: If this oil well was so shoddily built; and so many corners were cut in it's construction, how many more ticking time bombs are out there waiting to blow up? And how much of this fact is known to the corporate heads and the shareholders of these companies?

BP has agreed to set aside 20 billion in escrow to clean up the Gulf. This was an act that almost everyone said would be impossible to get them to do. It was stated that the President did not have any authority to compel BP to do this. It took one meeting. I wonder what was said in that meeting that left these Titans of Industry almost paleface when they made the announcement of that and the fact that they will not give out share dividends for the time being. Perhaps there is more collusion going on than even we are aware of. Maybe BP execs knew just how dangerous Deep Water Horizon was and didn't care. Maybe the Pres found out that all the Oil companies were colluding together to undermine any safety or environmental controls on oil drilling.

This is not a new phenomena. The oil industry has gone all over the world and have basically raped the planet for it's own profit. If Texan wants a sneak preview of what their world would be like without government oversight or regulation look up the decades long oil disaster that is happening in Ecuador. Chevron basically did everything that would have gotten them in jail in this country and left the government of Ecuador the mess to clean up.

The obvious question to me is this - bad things happen all the time, this is a really nasty one. But why the hell does the federal government prevent outside help? for example, laws on the books that required them to reject assistance from ships in other countries.

The feds just like being the savior, and they suck at it....especially when they partner with these big companies on so many things.

Really, Guy? The Clean Air Act, along with the Clean Water Act, passed in 1970 by Richard Nixon, established the EPA and has given us cleaner drinking water, cleaner rivers(Galveston Bay was saved by the Water Act requiring cities to better treat raw sewage), and cleaner Air. Its primary function was to empower the Federal Government to establish parameters and allow the states to write regulations to enforce them. The power to do this has been verified as constitutional by the Supreme Court several times. So what would you like to do, ignore the Supreme Court because of your mindless interpretation of the 10th Amendment? You forget yourself, guy. Ignorance is a powerful pulpit to spew crap from. And last time i checked, "the Federalist Papers" do not overrule decisions of the Supreme Court. dumbas*

a Pretty intelligent response. I am convinced - all this 10th amendment stuff is just nonsense. thank you for offering your wisdom!

The Constitution is a farce if we can't stop this extremely damaging intrusion. There is either limited power that deals only with actual interstate commerce, or there is unlimited power that lets the federal government deal with absolutely everything.

To let 9 federally appointed judges dictate the apparently UNWRITTEN and expansive nature of their limitations or lack their of is to treat that court as the constitution rather then as one of the many responsible for enforcing that constitution.

But make no mistake the Federal government apparently feels itself of authority to arrest state agents that defy its limitless dictates. Therefore any state agent that has the courage to stand up to them will be under-threat, and therefore there can be no enforcement of our constitution if Americans have not the courage and patriotism to stand up to this almost entirely unmitigated evil.

I have to agree with Michael here. I have had exposure to the operations of the EPA in both the Eastern and Western United States. One must always keep in mind that they are a government bureaucracy and that their primary motivation is to expand their bureaucracy, not to protect the environment.

I found it very interesting that it has been known for decades that our local watershed has some lead contamination from mines in the mountains. But when a town near the mines found amounts far above the accepted level of safety, the EPA saw its opportunity and tried to make this entire region (thousands of square miles) one big Superfund site... far larger than any currently in existence. I attended some public "informational" meetings about the issue. It was disgusting. EVERYBODY there had an agenda to push. I felt like I was the only person attending simply as a concerned citizen.

The funny thing is, scientists and researchers from universities in at least two states had been monitoring lead levels in the region for 20-30 years. But once the EPA got involved, suddenly government "scientists" were measuring lead levels in our watershed that were 100 TIMES what anyone had ever found before! Just when the EPA is considering making the whole area a Superfund site! How astonishingly coincidental! Those EPA people must really know their stuff, to be able to show in a mere few weeks that all those OTHER scientists and researchers for all those decades must have been just plain stupid. That's your government in action, folks!

In the long run, the EPA's grand plans to annex my city and the surrounding region never panned out. And you can bet that I am very thankful for that.

I agree, the primary motivation of government in general is to expand their power, just as is really the primary motivation for private industry and everything else beyond family bonds(including that if you really want to go down to the root).

The only difference is in private industry (which is acting as private industry not government(monopoly of force)) they can only hold legitimately hold power in the form of money. Money is of course the power of persuasion( IE: buying/employing).

Government power on the other hand is far more raw, while it also largely consist of money(extracted thou taxation be it direct or inflationary) it also consist of brute force based power.

So if we really want to look at thing in a uniform way, its all the same thing. It's just a matter of what kind of power.

I'm sure most of us would very much prefer to be the subject of money power then the subject of brute force power. Hence the inherit evil(even when necessary) of government.

The rule allows companies that have Texas issued air permits to avoid certain federal clean-air requirements including public review when they modify their plants. These discussions have led to Texas proposing new rules used to issue permits.

I find this entire line of conversation hilarious considering the millions of gallons of oil spilling into the Gulf. While it seems like the FEMA and the EPA and the MMS were caught with their pants down(due to the corrupting influence of Big Oil) there hasn't been any agency, Local, State or Federal, capable of handling the disaster on any level. And I would guarantee that if Texan refuses government regulatory agencies you wouldn't see any environmental protection laws or any regulation of the petrochemical industry(which if I am not mistaken is one of the key industries in Texas). If the Federal Government can't avoid being corrupted by Big Oil; what chance does Texas has to fight against their destructive practices? If I am not mistaken again Texas has been the main cheerleaders of Drill Baby Drill.

I hate to break this to you but regulating mining resources has been a cornerstone of the Federal Government going back to the Louisianan Purchase. Does no one remember that it was the Federal Government that opened up mining rights and created the stable market that the entire industry takes for granted?

Gee does no one remember what happened in the Black Hills? Or in Oklahoma? Most of the development of resources in this country was only made possible with the help of the Federal Government.

So if Texas wanted to turn into Ecuador they can go right ahead and thumb their nose at the Federal Government. Let me know what they think once hurricane season goes into full swing and they get oil landing on their shores for years to come.

The interesting thing - and the worst part of all that - is that DC actually prevents local government from doing what it needs to do......it did it with Katrina and is doing it again - as usual.

All they care about it holding on to their own power.

Not sure what history you've read - sounds like it's the kings history book, approved by the king. Sorry to hear you bought into so much of the propaganda. All through history, people fall for these kinds of things...

OIL is now what works, The enviromentalist,have made it worse to get this oil,jobs,and to drill where its safer.Dont forget the oil companies have the money,enviroment workers,and they have put a lot of money in research,and alternative energy for the future.algae,electric cars etc.Texas oil co. can turn off the oil to other states.

"If the Federal Government can't avoid being corrupted by Big Oil; what chance does Texas has to fight against their destructive practices? If I am not mistaken again Texas has been the main cheerleaders of Drill Baby Drill. "

You make the assumption that Texas is somehow weaker in terms of avoiding corruption then the Federal government when in fact the Texas government being smaller and closer to the people of Texas it is much stronger in theses regards.
One of the reasons the Texas government is stronger in this regard is that the people of Texas have fewer issues to compete with corruption issues for their vote. Anther reason is cause the government and the problem is closer to the people of Texas, the people of Texas are more familiar with the particulars of the issues, and thus less easily confused.

That being said your probably correct in that if the Feds were not involved in imposing their own regulations Texas would have very little in the form of regulations of private industry. What you fail to understand however is that this is not because such industry have corrupted Texas politicians but because the people of Texas largely recognize that regulations and government power tend to favor most particularly the powerful.

Because it is the powerful who have the most resources in which to mobilizes(Politically) and lobby for the preferential uses of that same power.

So instead if the laws and thus limits were simpler and more uniformly applied such as the simple printable of being responsible for what you do to others. The Texas industry would be free to experiment provide that they pay for any damage they do.

The only thing the Federal government would be doing is assisting Texas in bring them to justice should they attempt to flee the State.(formally the job of the Texas Rangers)

I would like to see an arrest made. Any attempt to nullify anything is useless without the power to enforce that nullification. I would like to see some kind of arrest be made or oathkeepers assert their right to be the chief law enforcement officials of the country.

There are problems with a couple of the details of this proposal.

First, it should prohibit enforcement of the FEDERAL "Clean Air Act". There is nothing preventing Texas from passing its own; it may have one already.

Second, equating $1000 with a year in prison (as in section C) is not very realistic these days. In many areas, you could not rent a single-bedroom apartment, feed yourself, and pay utilities for a single month on $1000. That number needs to be much higher, otherwise it constitutes a "cheaply buy your way out of prison" clause.

Third, in most States misdemeanors cannot be punished by a year in jail. A year or more requires at least a felony conviction. So you could not put someone in jail for 2 years for a misdemeanor, as suggested in D.

Texas has a clean air act, dude. it just makes more sense to have the feds establish air quality requirements and enforce those minimuns across the entire nation. it has been so since 1970, with many states going above and beyond the Federal requirements. The supreme court has validated the EPA's constitutional right to enforce the CLEAN AIR AND WATER ACTS OF 1970 many times. so until there's a constitutional amendment or a repeal of the CLEAN AIR ACT, what you're talking about is not possible. period. and it will never happen. this kind of crap which you peddle under the guise of "10th amendment rights" is ridiculous and borders on lunacy, you dipstick.

First mistake, we are not suppose to be a NATION (such as Eurocrap countries) but a Republic, there is a difference. Second, The supreme court validated EPA's garbage. What a joke,Fed court ok's Fed Congress to pass illegal laws under the grossly misinterpreted COMMERCE CLAUSE. Come on sheeple read something other than billboards along the road. Nearly every dept Feds have made are UNCONSTITUTIONAL. . P.S> MAdison and Jefferson are probably lunatics as well LOL.

Please correct me if I'm wrong, but I believe that the EPA is just another unwanted consequence of state lawmakers unthinkingly ratifying the 17th Amendment. I think that if the states were still in control of the federal Senate, then the Senate would have killed the legislation which established the EPA.

This is why voters need to replace Constitution-impaired incumbents in both the federal and state legislatures with pro-constitutional process lawmakers in November.

Then once elected, pro-constitutional process lawmakers in federal and state legislatures can used their legislative votes to destroy the phony powers of the Oval Office and Congress, putting a permanent stop to constitutionally indefensible federal interference in state affairs, evidenced by EPA, by ultimately repealing the 17th Amendment.

Actually, Lonny - these are pretty standard fines and prison times for convictions in states around the country. While this proposal is not yet in our formal list of state sovereignty legislation, when we DO have such things included, they are generally along these lines.

And - it is less about those specifics and much more about the principles. The legislators that introduce such bills tweak them.

I understand, Michael. I was not saying that these numbers are unusual, merely that they SHOULD BE different. I have the same objection to prison times / fines in regard to a great many laws that already exist.

As for the misdemeanor vs. felony issue, neither my state or (as far as I am aware) any of those surrounding it allow a year or more for a misdemeanor. In fact, felony and misdemeanor are defined by whether an act is punishable by a year or more in prison.

That's interesting - not sure where you live, but many states (and it varies widely) do actually have misdemeanor penalties that strong. for example, in Kansas, possession of any amount of marijuana is a misdemeanor and can result in a sentence of one year in prison and a fine of up to $2,500.

Well, to be honest I do not know whether the exact definition of felony here is "a year or more" or "more than a year", but it is one of the two. The difference is of course only one day. It is possible that misdemeanor goes UP TO a year, and felony is anything more than that.

Well, either way, we would probably just be better off with far fewer laws!

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  1. [...] This post was mentioned on Twitter by TenthAmendmentCenter, Va Liberty Party, Liberty Ideals, AmericanAerial, Jar Head and others. Jar Head said: RT @RonPaul_2012: Wanted: EPA Out of Texas http://bit.ly/aZftFd #tlot #tcot #RonPaul [...]

  2. [...] How about a different direction – one where energy spent can actually make a difference? Still a lot of work, but at least we’ve got a chance. Brian Roberts was definitely on the right path with his recent article, Wanted: EPA out of Texas. [...]

  3. [...] embolden other states that look to Texas for real leadership to follow suit. To date Perry has not walked the walk: For the last week, Governor Perry and the Texas legislature have been rattling the 10th amendment [...]

  4. [...] Expectations ran high that Perry would show himself a true leader and protector of the residents of Texas and, as is his duty under both the Texas and U.S. Constitutions, take action to protect the rights of Texans. A good start is to work with the state legislative bodies in a special session towards enacting nullification legislation declaring federal mandates with regards to the Clean Air Act null and void within the boundaries of the state and add some teeth by including penalties for federal agents or local law enforcement agents that attempt to enforce this federal law within the state. not only would this send a strong message to Washington that Texans don’t roll over, but such a shot across the bow of the federal fleet would embolden other states that look to Texas for real leadership to follow suit. To date Perry has not walked the walk: [...]

  5. [...] embolden other states that look to Texas for real leadership to follow suit. To date Perry has not walked the walk: For the last week, Governor Perry and the Texas legislature have been rattling the 10th amendment [...]

  6. [...] recently. One titled The EPA Can Go To Hell and I Will Go To Texas and the other a follow up on the inaction of Governor Perry to follow through on his multiple statements regarding state sovereignty and his duty to Texans to [...]

  7. [...] Other states like Texas are dealing with similar issues and we have the momentum of the recent elections, the strength of the tea party movement, and [...]

  8. [...] Other states like Texas are dealing with similar issues and we have the momentum of the recent elections, the strength of the tea party movement, and [...]

  9. [...] Other states like Texas are dealing with similar issues and we have the momentum of the recent elections, the strength of the tea party movement, and [...]