Court strikes down Obama EPA overreach

Posted on August 22, 2012 by Donald Ferguson

The District of Columbia Circuit Court of Appeals struck down Tuesday an Obama EPA dictate regulating sulfur dioxide and nitrous oxide emissions.

“In a 2-1 decision, the District of Columbia Circuit Court of Appeals ruled that the EPA had overstepped its authority by issuing federal pollution standards before states had a chance to develop their own and by calling for emissions reductions greater than the court’s majority considered necessary,” The Los Angeles Times reports.

“Led by Judge Brett Kavanaugh, the court vacated the rule and ordered the EPA to develop a new one, leaving in its place a Bush-era regulation.”

Gang Green activists are urging Obama to appeal the ruling and press ahead with his scheme to bypass Congress by imposing rules through regulatory decree.

That’s why American Tradition Partnership and Sen. Rand Paul are fighting for a vote on the REINS Act, which requires all major federal regulations to be approved by Congress and signed by the President before they may be enacted.

Gang Green abusing federal law to pocket taxpayer cash by filing nuisance lawsuits

Posted on August 17, 2012 by Donald Ferguson

William Pendley exposes Gang Green’s latest scam, abusing a federal law (the Equal Access to Justice Act) to pocket millions in taxpayer cash by flooding federal courts with lawsuits over petty, technical violations of law.

Last month, Karen Budd-Falen, a Cheyenne, Wyo., lawyer, presented her findings on the Equal Access to Justice Act (EAJA) to the 100th Anniversary Conference of the Rocky Mountain Coal Mining Institute in Vail, Colo. After spending years researching court documents — the federal government keeps no records of EAJA disbursements — Ms. Budd-Falen found that environmental groups have amassed hundreds of millions of dollars in EAJA awards.

The EAJA was written for nobler purposes, which was to allow Americans forced to litigate against the federal government to be paid their attorneys’ fees and expenses if they prevailed and if the government’s legal position was not “substantially justified.” There is a cap on the hourly fees for which recovery is permitted, which, according to Ms. Budd-Falen, has not limited fees paid to environmental groups, and an eligibility restriction based on net worth ($2 million for individuals and $7 million for entities), which specifically excepts tax-exempt (environmental) groups. The use of the EAJA by environmental groups is unique in two other ways, one not intended by Congress, the other not anticipated. Environmental groups recover fees for suing over noninjurious, technical violations of federal law, whereas most other EAJA applicants sue to vindicate constitutional or statutory rights. Finally, while environmental groups are paid quickly — federal lawyers rarely challenge their EAJA demands, and the groups often file open-and-shut cases, such as missed deadlines — private litigants are paid only after years, if ever…

Obama’s sleazy new regulatory trick shuts down clean fracking on private property

Posted on by Donald Ferguson

While Barack Obama praises America’s natural gas jobs boom on the campaign trail, within in the walls of the White House he’s using a regulatory trick to kill off the affordable energy and good-paying jobs that safe, clean fracking provides.

“By suddenly reinterpreting a 50-year-old rule that limits truck drivers to 11 hours on the work site at a stretch, the Federal Motor Carrier Safety Administration has delivered an unexpected victory for environmental activists,” The Washington Examiner’s editorial board writes.

What does that have to do with fracking, and why are environmentalists suddenly obsessed with trucking laws?

“Truckers on drilling sites spend hours each day waiting around until one rig or another needs water or sand. This is why, ever since the 11-hour trucking safety rule was adopted in 1962, truckers who haul water and sand to drilling sites have been exempted. There is no issue of road fatigue, the focus of the 11-hour rule,” The Examiner writes

“The Transportation Department’s reinterpretation eliminates this exemption, disproportionately affecting sites where fracking is employed. Voila – environmental regulation without the hassles of justifying it scientifically, as would be required for an EPA action.”

“This is clearly an indication that somewhere up in the top echelons of this administration, there is a constant battle — a war going on — to try to artificially level the playing field between the oil and gas industry and the renewable [energy] industry,” Rep. Jeff Landry, R-La., told The Washington Examiner.

By changing the rules, with no public input or a vote by Congress, Obama has once again pledged his allegiance to the radical environmentalist fringe and not the American people.

Obama messes with Texas, gets struck down by federal court

Posted on August 16, 2012 by Donald Ferguson

Gov. Rick Perry today released the following statement on the decision by the 5th Circuit Court to vacate the EPA’s disapproval of Texas’ flexible permitting program:

“This decision is a big win for jobs and a big win for Texas. Our state has demonstrated you can cultivate jobs while cleaning the air, and this finding affirms that states have the right to develop permitting processes that balance the priorities of protecting the environment and allowing our industries to thrive. It’s unfortunate we had to go to such extremes to fight back against this troubling trend of overreach and reckless political activism by the Obama Administration that shows no regard for the impact on jobs or our economy.”

Americans reject Obama’s Gang Green agenda

Posted on August 15, 2012 by Donald Ferguson

• 90 percent of U.S. voters agree that increased access to domestic oil and natural gas could lead to more American jobs; 95 percent of Republicans and 85 percent of Democrats agree.

• 75 percent of voters overall support the Keystone XL Pipeline; 89 percent of Republicans and 66 percent of Democrats agree.

• 71 percent voters overall support increased access to domestic oil and natural gas resources; 85 percent of Republicans and 60 percent of Democrats agree.

• 65 percent of voters overall say increased energy taxes could drive up energy costs; 73 percent of Republicans and 59 percent of Democrats agree.

• 63 percent of voters overall say Washington is on the wrong track regarding U.S. energy policy; 86 percent of Republicans and 46 percent of Democrats agree.

Source: An American Petroleum Institute/Harris Poll of 1,016 registered U.S. voters conducted Aug. 9-12 reported by The Washington Times’ Jennifer Harper.

Cap and Tax is back!

Posted on August 13, 2012 by Donald Ferguson

Dear patriot:

According to Harry Reid — Cap and Tax is back!

At a conference full of radical environmentalists last week in Las Vegas, Harry Reid vowed to bring Cap and Tax to the floor for a vote if Democrats maintain their majority in the Senate this November.

That’s why the four U.S. Senate races that could  determine whether or not Harry Reid and his cronies maintain control of the Senate are so important.

And that’s why I’m counting on the generous support of folks like you to help ATP continue to mobilize public opposition against the radical environmentalists in the key states where U.S. Senate races are taking place.

You see, Harry Reid declaring to bring Cap and Tax to the floor for a vote only proves how beholden to the  radical environmentalists the Big Government left really are.

Remember, in 2010, 53 Congressmen went down to defeat  after voting for Cap and Tax.

But Senator Reid and his pals are only concerned with pleasing Al Gore’s corporate cronies who enrich themselves at the expense of hard-working Americans.

In fact, Harry Reid even ridiculed folks like you who don’t buy into to their phony “science” and “Global Warming” hysteria as being out of touch with reality.

A large majority of people finally believe climate change is real, and that it is the cause of extreme weather. Yet despite having overwhelming evidence and public opinion on our side, deniers still exist, fueled and funded by dirty energy profits. These people aren’t just on the other side of this debate. They’re on the other side of reality.

The good news is, ATP is preparing to give Senator Reid and the radical environmentalists a reality check.

The 2010 elections proved that the overwhelming majority of the American people are opposed to Cap and Tax and the radical environmentalists’ job-destroying agenda.

So if Harry Reid and his Big Government pals want to try to shove Cap and Tax down the throats of the American people — there will be a severe political price to pay in November.

That’s why ATP is busy mobilizing public opposition to the radical environmentalists in many of the key states where critical U.S. Senate races are taking place.

Using direct mail, email, internet ads and hard-hitting radio, TV and newspaper ads, ATP will make sure voters know which politicians stand with them — and which one’ stand with the radical environmentalists.

Not only that, but should Harry Reid and his cronies try to RAM through Cap and Tax during the “Lame Duck” session of Congress — ATP will be prepared to fight back.

But such a massive grassroots mobilization isn’t cheap.

That’s why I hope you’ll agree to make a generous contribution of $250, $150, $100, $50 to help ATP’s massive grassroots mobilization efforts.

Even if you can only chip in $20, $15 or $10 bucks — it’ll be a tremendous help in this fight.

Together, you and I can DEFEAT Cap and Tax and the rest of the radical environmentalists’ job-destroying agenda.

Sincerely,

Donny Ferguson
Executive Director

P.S.    Harry Reid recently pledged to bring the dangerous Cap and Tax scheme to the Senate floor for a vote should Democrats maintain control of  the U.S. Senate this November.

That’s why it’s vital ATP has the resources to launch a massive grassroots mobilization effort against Cap and Tax and the radical
environmentalists’ job-destroying agenda.

So please, make a generous contribution of $250, $150, $100, $50 to help with this crucial program.

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