Nuclear Townhall
January 6, 2011

If the War Between the Red and Blue States has really begun, the early skirmishes are going to be fought out in court proceedings.
Texas fired its first counter-volley last week by challenged the EPA’s Christmas holiday decision to take over carbon permitting in Texas on procedural grounds. Texas Attorney General Greg Abbott filed a petition in D.C. District Court on December 30 charging that the EPA had short-circuited the process by failing to open up the process to notice and comment.
This New York Times “Greenwire” story concedes that Texas may have a point but assures readers that the Environmental Protection Agency will probably win the war. “Lawyers familiar with the case, most of whom are involved in the litigation over EPA’s rules in some form, mostly agree that if EPA sticks to its guns it will ultimately win out,” says Times reporter Lawrence Hurley.
What the Times report doesn’t seem to recognize, however, is that action may be forthcoming in Congress as well. The Hill reports this morning that Fred Upton, the new chairman of the House Energy and Commerce Committee, is talking with West Virginia Democrat Nick Rahall about possible strategies for stopping the EPA’s carbon initiative. On the Senate side, West Virginia’s Jay Rockefeller, one of the most outspoken liberals in Congress, is already planning to introduce legislation to stop the EPA in its tracks.
With the mood rapidly swinging toward energy production in Washington and with gas prices rising beyond the $3 mark, President Obama and EPA Administrator Lisa Jackson may soon find themselves without much support in continuing the carbon initiative. At that point, all the legal niceties in the world may not be of much help.

Read more about it at the New York Times